DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2798-13
21 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’ 12 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
16 July 1985 at age 18. You received nonjudicial punishment
(NJP) on three occasions for fighting, two instances of failure
to go to your appointed . place of duty and dereliction in the
performance of duties. After your first NJP, you were counseled
_ regarding your misconduct and warned that further offenses could
result in administrative separation. You were notified of
-pending administrative discharge processing with an other than
honorable. (OTH) discharge due to misconduct (pattern of
-misconduct). “You waived all your procedural rights, ancluding
your right to an administrative discharge board (ADB). . On:
li May 1987, you received the OTH. discharge for misconduct
’ (pattern of misconduct) .
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 recharacterization |
of your discharge given the seriousness and repetitiveness of
your misconduct that resulted in three NJPs. Finally, the Board
noted that you waived the right to an ADB, your best opportunity
‘for retention or a better characterization of service.
Concerning your alleged mental problems, there is no indication.
in the record that such problems, if they existed at the time of
#our service, were so serious as to excuse you of responsibility: |
for your actions or were sufficiently mitigating to warrant
recharacterization. Accordingly, your application has heen
- 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
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. ZSALMAN
Acting Executive Director
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