DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3354-13
28 February 2014
This is in reference to your application for correction of your
Raval 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 February 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and precedures 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 @Xror Or.
injustice.
. You enlisted in the Navy and began a period of active duty on
14 July 1986 at age 19. -You received nonjudicial punishment
(NJP) on three occasions for two instances of insubordinate.
conduct toward a noncommissioned officer, making a threat,
unauthorized absence (UA) from your unit for a period of eight
days and assault. After you 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 of your procedural rights,
including your right to an administrative discharge board (ADB).
_ On 5 August 1988, you received the OTH discharge for misconduct
(pattern of misconduct) . a2.
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 oppertunaty
‘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,
7 - Aan pageant
ROBERT dD. SALMAN
Acting Executive Director
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