eee en. DEPARTMENT OF THE NAVY ___
BOARD FOR CORRECTION OF NAVAL RECORDS
70} S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN ;
Docket No: 9701-14
17 September 2014
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.
A-three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 September 2014. 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
25 June 1981. -As stated in previous correspondence, repeated
requests for your official military records were made in order to
affect a- proper and thorough review of your application. Based
on your Certificate of Release of Discharge from Active Duty
(DD Form 214), administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense.
Your DD Form 214 reflects three periods of time lost totaling
55 days. It appears that after being afforded all of your
procedural rights, the separation authority directed that you
‘receive an other than honorable (OTH) discharge due to
misconduct. You were so discharged on 30 June 1983. Further,
the information you provided with your application, and the
unavailability of your officiai military record, the Board
employed a presumption of regularity pertaining to your “
discharge. This means that, in the absence of evidence to the
contrary, your discharge is presumed to be proper as issued.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, character
letters, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the time lost
and the reason for your discharge. Finally, the Board noted that
if you waived the right to request an administrative discharge
board during your separation processing, which was your best
chance for retention or a better characterization of service.
; Accordingly, your application has been denied. The names and
“votes of the members of the panel will be furnished upon request.
ane +
Tt 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.
?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.
Sincerel
ROBERT J. O'NEILI
Executive Director
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