# MON ADTAICAIT TIC hiA\IY
LFYLF Parr eR Oe THE NA\ £
eoarr ron PADDECTIAN OF NAVAL RECOF Hye
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 06746-14
10 ATRtraman Sy A.
Dear Vay :
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 November 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
La Msclce .
You enlisted in the Navy and began a period of active duty on 19
June 1991. On 21 May 1993, you received nonjudicial punishment
(NOP) for assault. On 23 September 1993, you received NUP for
dereliction of duty. On 5 January 1994, you were convicted by
civil authorities of being an accessory after the fact in an
armed robbery and sentenced to probation for six months, 50
hours community service and court cost of $253. You were
informed that administrative separation process Was itiitiated
and you elected to have your case heard by the administrative
discharge board (ADB). On 9 March 1994, an ADB recommended that
you be administratively separated with an other than honorable
(OTH) characterization of service. your commanding officer
agreed with the ADB and also recommended that you be discharged
with an OTH by reason of misconduct due to commission of a
serious offense. On 14 April 1994, you were so discharged and
assigned an RE-4 (ineligible for reenlistment) reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and contention that you
now have a clean police record. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
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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