DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 7592-14
5 August 2015
Dear
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 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
8 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.
Further, regarding your request for a personal appearance, be
advised that 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.
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 25 June 1992. You served for about two months without
disciplinary incident, but during the period from 2 September
1992 to 27 May 1993, you received two nonjudicial punishments
(NJP) for failure to obey a lawful order and driving while
intoxicated onboard a naval base.
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. Your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct 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 July 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 desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant an
upgrade of your discharge given your misconduct. In this
regard, the Board concluded the seriousness of your repeated
misconduct outweighed your desire to upgrade your discharge.
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’NETLUG
Executive Director
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