DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 520-14
9 February 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
21 January 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
7 December 1988. On 20 November 1990, you received nonjudicial
punishment (NUP) for disobedience and five instances of uttering
worthless checks. On 15 April 1995, you were arrested by civil
authorities and charged with one count of making terrorist
threats, carrying a concealed and loaded firearm. On 2 May 1995,
you plead guilty to carrying a concealed weapon, and assault with
a deadly weapon. At that time, a plea agreement stated that you
would serve 180 days in jail.
eae Eee
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). On 18 August
1995, an ADB found that you had committed misconduct due to a
commission of a serious offense, and recommended discharge under
other than honorable (OTH) conditions. On 28 September 1995, you
received a second NJP for disobedience and maltreatment. Your
commanding officer concurred with the ADB findings and
‘recommendations and forwarded your case to the separation
authority for review. That same day, the separation authority
directed an OTH discharge by reason of misconduct due to
commission of a serious offense.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, declaration of counsel, the circumstances
surrounding your discharge, and desire to upgrade your discharge.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of two NJP’s, one of which was after you were
notified that you were being administratively separated from the
service, guilty plea to very serious offenses, conviction by
civil authorities, and subsequent incarceration. 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.
Sincerel
ROBERT J. O'NEILL
Executive Director
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