DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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TAL
Docket No: 4544-14
13 May 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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
29 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
2 November 1992. You served for six months without disciplinary
incident, but during the period from 3 May 1993 to
28 January 1994, you received nonjudicial punishment (NJP) on
four occasions. Your offenses were failure to obey a written
regulation, unauthorized absence (UA) from your unit, making a
false official statement and drunk and disorderly conduct.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of
misconduct. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB) .
The ADB found that you committed misconduct and recommended that
you be separated with a general characterization of service.
The discharge authority concurred with the ADB and directed
separation under honorable conditions by reason of misconduct,
and on 12 October 1994, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your character references, desire to upgrade your discharge and
assertion that your date of discharge is incorrect.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your of your repeated misconduct. The Board also
believed that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed when a Sailor is separated for misconduct. Regarding
your assertion, the date of discharge on your Certificate of
Release or Discharge from Active Duty (Form 214) is correct.
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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