DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 04893-12
27 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 26 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
24 February 1981. The Board found that during the period from
14 September 1982 to 20 October 1983, you received four
nonjudicial punishments (NUJP‘’s) for three periods of unauthorized
absence totaling 11 days and wrongful use of marijuana on board a
naval vessel. Additionally, you were counseled and warned after
your first NUP, that further misconduct could result in
administration discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due toa
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 23 November 1983,
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 29 December 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and desire to change your characterization of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your four NUP’s, one of which was for wrongful drug use, and the
fact that you were warned of the consequences of further
misconduct. 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 injustice.
Sincerely,
pe AD Re
ROBERT D. ZSALMAN
Acting Executive Director
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