DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7693-14
30 July 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 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. aA
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.
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
20 October 1992. You served for three months without disciplinary
incident, but during the period from 19 February 1993 to
23 April 1995, you received nonjudicial punishment (NJP) on two
occasions. Your offenses were failure to obey a lawful order,
wrongful possession of alcohol as a minor and wrongful use of
cocaine.
Subsequently, you were notified of pending administrative
separation by reason of misconduct. In connection with this
processing, you would have acknowledged the separation action and
the separation authority would have approved a recommendation for
separation. The record clearly shows that on 7 August 1995, you
were discharged under other than honorable conditions by reason of
misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board found that these factors were not
sufficient to warrant relief in your case because of the
seriousness of your misconduct. Further, there is no provision
of law or in Navy regulations that allows for recharacterization
of service due solely to the passage of time or good behavior
after 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,
RT J. O'NEILL
Executive Director
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