DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490.
SUN
Docket No: 04300-12
20 March 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 19 March 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
23 February 1984. ‘The Board found that on 7 September 1984, you
received nonjudicial punishment (NUP) for disrespect, assault and
disobedience. On 10 September 1984, you were counseled and
warned that further misconduct could result in administrative
discharge action. On 12 and 16 October 1984, you received NJP
for three instances of disobedience. Subsequently, you were
notified of pending administrative separation action by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. After being advised of your
procedural rights, you waived the right to an administrative
Gischarge board (ADB). The separation authority directed
discharge under other than’ honorable conditions by reason of
misconduct. You were so discharged on 25 October 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your three NJP’s and the fact that you were
warned of the consequences of further misconduct. The Board also
noted that you waived 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.
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.
Sincerely,
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