DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6689-14
10 July 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 statutes
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
17 June 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
27 June 1988. You served for four years without disciplinary
incident, but during the period from 22 July 1992 to
3 September 1993, you received nonjudicial punishment (NJP) on two
occasions for failure to go to your appointed place of duty and
unauthorized absence (UA) from your unit and you were convicted by
civil authorities on two occasions for inflicting injury on your
spouse.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to commission of a serious
offense at which time you waived your procedural rights to consult
with legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to commission of a serious offense. The discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct, and
on 21 October 1993, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your désire to upgrade your discharge. Nevertheless, the Board
found that these factors were not sufficient to warrant relief
in your case because of your repeated misconduct and civil
convictions. Further, you were given an opportunity to defend
your actions, but waived your procedural rights. 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.
Sincerely,
ROBERT J. O’NEILL
Executive Director
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