DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
Ar:
Docket No: 4403-14
22 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. The application was filed in a timely
Manner.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 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
7 June 2000. You served for two years and four months without
disciplinary incident, but during the period from 11 October 2002
to 24 February 2003, you received nonjudicial punishment (NJP) on
three occasions. Your offenses were unauthorized absence, and
failure to go to your appointed place of duty.
Subsequently, you were notified of pending administrative
separation by reason of misconduct 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 conditions by reason of misconduct due to a pattern of
misconduct. The discharge authority approved this recommendation
and directed separation under other than honorable conditions by
reason of misconduct, and on 16 April 2003, 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 and reentry code.
Nevertheless, the Board found that these factors were not
sufficient to warrant relief in your case because ef the
seriousness of your repeated misconduct. Further, you were given
an opportunity to defend your actions, but waived your procedural
rights. 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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