DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TJR
Docket No: 3253-11
23 January 2012
This is in reference to your application for correction.of your
naval record pursuant to the provisions of Title 10, 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 18 January 2012. 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 on 9 May 1983 at age 19 and began a
period of active duty. You served for a year and three months
without disciplinary incident, however, during the period from 11
August 1984 to 17 January 1986, you received nonjudicial
punishment (NJP) on four occasions. Your offenses were two
periods of failure to go to your appointed place of duty,
disrespect, communicating threats, absence from your appointed
place of duty, three specification of failure to obey a lawful
order, two specifications of using provoking words, and wrongful
contact with another person.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities and a pattern of
misconduct. After waiving your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB), on 18 January 1986, your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to frequent involvement of
a discreditable nature with military authorities and a pattern of
misconduct. The discharge authority approved this recommendation
and directed separation under other than honorable conditions by
reason of misconduct and on 13 February 1986, you were so
discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to upgrade the
characterization of your discharge, and assertion that you were
told that your discharge would be upgraded seven years after your
separation. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct, which
resulted in four NUPs. Finally, no discharge is automatically
upgraded and/or changed due solely to the passage of time or an
individual’s good post service conduct. 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.
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,
Executive Di
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