DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 05310-12
3 Apral 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 2 April 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
4 April 1983. The Board found that on 7 July 1983, you were
counseled regarding your failure to adapt to the military
environment. You were warned that further deficiencies and/or
conduct could result in administrative discharge action. During
the period from 15 January 1983 to 23 May 1985, you received
six nonjudicial punishments (NJP’s) for four instances of
unauthorized absence (UA), two instances of assault and
dereliction of duty. 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
elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 22 August 1985, the ADB
recommended separation with an other than honorable (OTH)
discharge by reason of misconduct. On 4 September 1985, you
received a seventh NUP for two periods of UA. You received
restriction, extra duty and a forfeiture of pay. On 20 September
1985, your commanding officer concurred with the ADB’s findings
and forwarded his recommendation that you be discharged. On 3
October 1985, the separation authority directed an OTH discharge
by reason of misconduct. You were so discharged on 15 October
1985.
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 seven NJP’s, and the fact that you were
warned of the consequences of further misconduct. 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,
ROBERT D. SALMAN
Acting Executive Director
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