DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 4930-14
8 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
5 May 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
28 July 1989. During the period from 19 April 1990 to
14 January 1991, you received six nonjudicial punishments (NJPs).
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. After being
afforded all of your procedural rights, you waived your rights to
consult counsel, submit a statement, or have your case heard by
an administrative discharge board (ADB). On 1 February 1991, you
received NUP for failing to go to your appointed place of duty
and dereliction of duty. On 11 February 1991, your case was
forwarded to the separation authority recommending that you
receive an other than honorable (OTH) discharge due to
misconduct. On 12 February 1991, you received an eighth NJP for
failing to go to your appointed place of duty and dereliction of
duty. On 12 February 1991, the separation authority concurred
with your commanding officers recommendation and directed an OTH
discharge by reason of misconduct. You were so discharged on
14 February 1991.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your characterization
of service, issues with alcohol and drug addiction, and medical
issues. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your eight NUPs, two of which were after you were notified of
your administrative discharge processing. 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, 1& 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
6rror or injustice.
Sincerely,
OBERT J. O’NEILL
Executive Director
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