DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 03160-12
26 February 2013
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 20 February 2013. 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
12 April 1982. The Board found that during the period from
26 August 1982 to 3 February 1984, you received five nonjudicial
punishments (NJP’s) for a breach of the peace, assault, seven
days of unauthorized absence, five instances of being absent from
your appointed place of duty, three instances of disobedience,
failure to go to your appointed place of duty, and wrongful use
of marijuana. Additionally, you were counseled and warned after
your second NUP that further misconduct could result in
administrative discharge action. Subsequently, on 7 February
1984, administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 28 February
1984, your case was forwarded recommending that you be discharged
under other than honorable (OTH) conditions by reason of
misconduct. The separation authority concurred and directed an
OTH discharge by reason of misconduct due to a pattern of
Misconduct. You were so discharged on 15 March 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your five NUJP’s, three of which you received after being
warned of the consequences of further misconduct, and one
involving the wrongful use of drugs. The Board also noted that
you waived the right to an ADB, 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.
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 iN UstLee.
Sincerely,
s
DEAN PF
Fxecutive Director
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