DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
The
Docket No: 5900-14
26 May 2015
This 16 in veference te your application. fox 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
22 May 2015. 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 reenlisted in the Navy (involuntary recall) and began a
period of active duty on 27 June 1990. On 13 May 1991, you were
honorably released from active duty and transferred to your
reserve unit. Based on the information currently contained in
your records, you were involuntarily processed for separation
due to unsatisfactory performance in the Ready Reserve. The
record clearly shows that on 7 May 1993, it was directed that
you receive an other than honorable discharge for convenience of
the government (lack of reserve participation), a separation
code of HSK1, and a reenlistment code of RE-4.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your characterization of service.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing your characterization of service
given your unsatisfactory performance, lack of discipline, and
refusal to abide Naval Reserve regulations. 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
applying for correction of an official naval record, the burden
is on the applicant to demonstrate the existence of the probable
material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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