DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O% S. COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2490
TAL
Docket No: 4721-14
2 April 2015
Dear ey
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 ina timely
manner.
A three-member Panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 March 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
15 December 1998. You served for eleven months without
disciplinary incident, but on 2 December 1999, you were convicted
by summary court-martial (SCM) of two instances of unauthorized
absence totaling 32 days, failure to go to your appointed place
of duty, missing ship’s movement and wrongful use of a Armed
Porces Identification Card. The sentence was confinement and a
reduction in paygrade. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge by reason of misconduct due. to commission of a
serious offense. You waived all of your procedural rights,
including your right to an administrative discharge board (ADB)
and on 7 February 2000, you received the OTH.
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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