DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7016S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 804-14
3 February 2015
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This is in réference 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
28 January 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 reenlisted in the Navy on 12 December 1995 after four years of
prior service. You served for four months without disciplinary
incident, but during the period from 16 May to 24 May 1996, you
received nonjudicial punishment (NJP) on two occasions. Your
offenses were unauthorized absence, and failure to go to your
appointed place of duty, missed ship’s movement, insubordinate
conduct, and loss of government property.
Subsequently, you were notified of pending administrative
separation by reason of misconduct 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 26 June 1996, you were
so discharged.
4
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
.found that. these factors were not sufficient to warrant relief in
s your case because of the seriousness of your repeated misconduct.
Further, you were given an opportunity to defend your actions,
but waived your procedural rights. Finally, it is a fundamental
tenet of military administrative law that a Sailor’s service is
characterized based on his record in the current enlistment.
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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