DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 7492-14
14 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 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
6 July 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
22 May 1994. On 18 October 1994 and 2 September 1995, you
received nonjudicial punishment (NUP) for unauthorized absence,
and larceny. Additionally, you were counseled and warned that
further misconduct could result in administrative discharge
action. On 28 February 1996, you were convicted of insurance
fraud by civil authorities. As part of your sentence, you were
sentence to 180 days in a detention facility. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. After being afforded
all of your procedural rights, your case was forwarded to the
separation authority recommending that you receive an other than
honorable (OTH) discharge due to misconduct. The separation
authority concurred and directed an OTH discharge by reason of
misconduct. You were so discharged on 8 October 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, and desire
to upgrade your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct which
resulted in your two NJPs, civil conviction, and the fact that
you were warned of the consequence of further misconduct.
Finally, Board regulations state that personal appearances
before the Board are not granted as a right, but only when the
Board determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of record. 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.
Sincergly,
OBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR4682 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material evror...
NAVY | BCNR | CY2014 | NR2114 14
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to a...
NAVY | BCNR | CY2014 | NR6229 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 2015. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct,...
NAVY | BCNR | CY2011 | 04085-11
| A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your > application on 25 January 2012. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in a civil conviction, an NJP and two SCMs. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2011 | 01158-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 March 2011. 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. The record does not reflect the disciplinary action taken, if any, for this misconduct.
NAVY | BCNR | CY2014 | NR4547 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 2015. 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...
NAVY | BCNR | CY2014 | NR5296 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 2014. 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...
NAVY | BCNR | CY2014 | NR3834 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2015. 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. You submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for the foregoing period of UA.
NAVY | BCNR | CY2009 | 08836-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 04424-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2012. 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. The Board found that on 10 November 1995, you were counseled regarding your behavior, and warned that further misconduct could result in...