DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 5101-14
3 June 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
19 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 June 1994. During the period from 28 March to 23 June 1995,
you received three nonjudicial punishments (NJPs). Subsequently,
administrative discharge action was initiated by reason of
misconduct due to commission of a serious offense. You elected
to consult with legal counsel and subsequently requested an
administrative discharge board (ADB). The ADB found that you had
committed misconduct due to commission of a serious offense, and
recommended you receive a general discharge. The separation
authority concurred and you received a general discharge on
6 October 1995.
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 discharge and
belief that your characterization of service would change after
six months. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NJP’s. The Board also noted that you were
fortunate to receive a general discharge since a discharge under
other than honorable conditions is often directed when an
individual is discharged for misconduct. Finally, you are
advised that there iS no provision of law or in Navy regulations
that allows for recharacterization of a discharge automatically
after six months or 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.
Sin ely,
OBERT J. O’NEILL
Executive Director
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