DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SION
Docket No: 4143-14
21 April. 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
15 March 2015. The names and votes of the members of the panel
will be furnished upon request. Your allegations of error
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of t
Board. Documentary material considered by the Board consiste
your application, together with all materi bmi 1 2
thereof, your naval record, and applicable sta
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ful and conscientious consid
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ish the existence of probable mat
You enlisted in the Navy and began a period
26 July 1989. On 23 February and & September 1993, you received
nonjudicial punishment (NUP) for two instances of assault, two
instances of drunk and disorderly conduct, and driving under the
influence of alcohol (DUI). Additionally, you were counseled and
warned after your first NJP, that further misconduct could result
in administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense. After being afforded all of
your procedural rights, your case was forwarded to the separation
authority recommending that you receive an other than honorable
(OTH) discharge due to misconduct. On 28 September 1993, the
separation authority concurred and directed an OTH discharge by
reason of misconduct. You were so discharged on 8 October 1993.
of active duty on
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, character letter, post service substance
abuse issues, and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your two NUJP’S, and the fact that you were warned of the
consequences of further misconduct after you first NUP.
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. In this regard, it is
important to keep in mind that a presumption of regularity
attaches to all official records. Consequently, when applying
for a correction of an official naval record, the burden is on
the applicant to demonstrate the existence of probable material
error or injustice.
Si el
ROBERT J. O'NEILL
Executive Director
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