DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4393-14
30 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
22 April 2015. The names and votes of the members of the panel
will be furnished upon request. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
22 May 1985. On 23 December 1985, you were granted a waiver due
to failure to disclose an arrest and indictment for receiving
stolen property. You served for eleven months without
disciplinary incident, but during the period from 1 May 1986 to
17 July 1986, you received nonjudicial punishment on three
occasions. Your offenses were making a false official statement,
conspiracy, wrongful use of a U.S. Government pass, giving false
information to a police officer and unauthorized absence.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to commission of a serious
offense at which time you waived your procedural rights to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). Your commanding officer
recommended discharge under other than honorable condition by
reason of misconduct due to commission of a serious offense.
The discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct, and on 12 August 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. The Board noted that you waived your right to
an ADB, your best opportunity for retention or a better
characterization of service. Finally, there is no provision of
law or in Navy regulations that allows for recharacterization of
service due solely to the passage of time. 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.
Sincerely,
ROBERT J. O’NEILL
Executive Director
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