DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
“ SIN
Docket No: 02419-13
12 February 2014
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 11 February 2014. 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
28 August 1979. The Board found that during the period from
18 February 1981 to 2 November 1983, you received three
nonjudicial punishments (NJP's) for being late for watch, .
drinking on duty, reporting for watch when unfit to assume the
watch, and: sleeping on duty. On 14 November .1983, you were
counseled and warned that further misconduct could result in
administrative discharge action. On 6 and 23 December 1983, you
received NJP for two periods of unauthorized absence and
disobedience, Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You elected your rights to consult counsel and submit a
statement. Your case was forwarded recommending that you receive
a general discharge. On 5 January 1984, the separating authority
concurred and directed your separation. On 20 January 1984, you
were separated with a general discharge by reason of misconduct,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant
reinstatement to paygrade E-4 or recharacterization of your
discharge given your five NUP’s, two of which were after you were
‘counseled and warned of the consequences of further misconduct.
Finally, the Board also noted that you were fortunate to receive
: 2 general discharge. since a discharge under other than honorable
feonditions is often directed when an individual is discharged for
‘misconduct. Accordingly, your application has been denied. The
names and votes of the members of the panel will E be furnished
i 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,
Sue S
ROBERT D. ZSALMAN
Acting Executive Director
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