DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 849-1]
a5
12 Februe
This is in reference to your application for
naval record pursuant to the provisions of Ti
States Code, Section 1552.
correction of your
tle 10, United
A three-member panel of the Board for Correction of
Records, sitting in executive session, considered
applic ation on 3 February 2015. The names and votes of the
members of the panel will be furnished upon request. Your
ape re of error and injustice were reviewed in accordance
th scien eee ee regulations and procedures applicable to the
proceedi his Board. Documentary material considered by
the Boar of your application, together with all
material bmi in support thereof, your Gave record, and
applicab regulations, and policie
Arter carer cons
record ence
to establist probab
You enlisted y and began a
July 2007 without disciplina
December 2009 regard, during
2009 until 4 , you receive
(NJP) on three occasions for five sp
obey a lawful order.
In April 2010, after waiving your procedural rights to consult
with legal counsel and present your case to an administrative
discharge board, your commanding officer recommended separation
under honorable conditions by reason of misconduct due to a
pattern of misconduct. On 30 April 2010, the discharge authority
approved the foregoing recommendation and dil rected separation
a
under honorable conditions by reason of misconduct, and on 18 May
2010, 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 and assertion that you were
set up for failure in regards to your performance of standing
watch duties. Nevertheless, the Board concluded these factors
were not sufficient to warrant relief in your case because of the
serious of your misconduct. Further, you were given an
opportunity to defend your actions, but waived your procedural
rights. Finally, the Board concluded that your assertion of
being set up to fail at standing watch is without merit sinre
there is no evidence in the record, and you provided no such
evidence to support this assertion. 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 or other matter not previously considered by the Board
within one year from the date of the Board’s decision. 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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