DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 SON
Docket No: 03628-13
24 April 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 22 April 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
9 February 1982. The Board found that during the period from
3 June 1982 to 20 January 1984, you received five nonjudicial
punishments (NUP’s) for two instances of disobedience, larceny,
misbehavior of a lookout, possession of a controlled substance,
use of provoking speeches and gestures, assault, failing to go to
your appointed place of duty, making a false official statement,
damaging government property, 20 days of unauthorized absence
(UA), disrespect, and breaking restriction. Additionally, you
were counseled and warned after your fourth NJP, that further
misconduct could result in administrative discharge action.
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 waived the
right to an administrative discharge board (ADB). On 2 June
1984, you received a sixth NUP for using provoking words. Your
case was forwarded and on 11 June 1984, the separation authority
directed discharge under other than honorable (OTH) conditions by
reason of misconduct. On 27 June 1984, you received a seventh
NJP for eight days of UA. You received the OTH discharge on
6 July 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments and character letters.
Nevertheless, the Board found that these factors were not
sufficient to warrant any change in your discharge given your
seven NJP's, one of which involved the wrongful possession of a
controlled substance, and two of which were after you were
notified you were being administratively discharged from the
Navy, and the fact that you were warned of the consequences of
further misconduct after your fourth NUP. Finally, the Board
noted that you waived 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,
ROBERT Kae
Acting Executive Director
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