DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5296-14
15 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 ina 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
12 May 2014. 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
21 September 1994. On 2 August and 28 September 1995, ‘you
received nonjudicial punishment (NJP) for being absent from your
appointed place of duty, disorderly conduct, 20 days of
unauthorized absence, and breaking restriction. On 23 April
1996, you were charged by civil authorities with armed robbery,
use of a firearm in a threatening manner during the commission of
a felony, and malicious wounding. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense. You waived your rights to
consult counsel, submit a statement, or have your case heard by
an administrative discharge board (ADB). Your case was forwarded
to the separation authority recommending that you receive an
other than honorable (OTH) discharge by reason of misconduct.
The separation authority concurred and you received an OTH
discharge on 5 June 1996.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service accomplishments, character
letters, and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record, the
Board. concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP’s, and
civil arrest for serious offenses. 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.
Si ely,
ROBERT J. ‘NEILL
Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS , 791 5. You waived your rights.to consult counsel, submit a statement, or have your case heard by an administrative discharge board (ADB), Your case was forwarded recommending that you be discharged under other than honorable (OTH) conditions. Consequentiy, 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.
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