DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 4519-14
11 May 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
24 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, began a period of active duty on
2 June 1994, and served without disciplinary incident for about
eight months. However, on 20 January 1995, you received
nonjudicial punishment (NUP) for disobeying a lawful order. On
18 May 1995, you received NUP for unauthorized absence, being
disrespectful in language, failure to obey a lawful order,
making a false official statement, and wrongful possession of
two identification cards.
Subsequent to your first NUP, administrative separation action
was initiated by reason of personality disorder and misconduct
due to the commission of a serious offense. After consulting
with legal counsel, you elected your procedural right to present
your case to an administrative discharge board (ADB). The ADB
determined that you had a personality disorder and had committed
misconduct, and on 7 June 1995, recommended a general discharge
by reason of misconduct. However, on 8 June 1995, your
commanding officer recommended an other than honorable
discharge. The discharge authority approved and directed a
general discharge, and on 26 July 1995, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
The Board also considered your assertion of sexual assault.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant an upgrade of your discharge. Further,
with regard to your assertion, the Board noted that the ADB
considered but was unable to substantiate your allegations of
sexual assault. Finally, after full and careful consideration
of the matter, the Board determined that there was insufficient
evidence.in the record, and you provided none, to support a
conclusion that a causal relationship between sexual assault and
misconduct existed. 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.
Sincgrely,
ROBERT J. O'NEILL
Executive Director
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