DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3860-13
21 March 2014
This is in reference to your application for correction of your
naval record pursuant to.the provisions of title 10, 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 19 March 2014. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative requlations 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
20 December 1978 at age 20. You received nonjudicial punishment
(NJP) on nine occasions for 15. instances of insubordinate
conduct toward a noncommissioned officer, two instances of
assault, breach of peace, five instances of failure to obey a
lawful regulation, being derelict in the performance of duties,
three instances of failure to go to your appointed place of duty
and disrespect toward a superior commissioned officer. You were
counseled on multiple occasions regarding your misconduct and =
warned that further offenses could result in administrative
separation. On 10 February 1982, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (frequent involvement) .
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 24 February
1982, the ADB found that you committed misconduct and
recommended that you be separated with an OTH discharge. The
separation authority agreed with the recommendation of the ADB.
Prior to your discharge you received NJP on two additional
occasions, 23 April and 11 May 1982, for unauthorized absence
from your unit for a day, failure to go to your appointed place
of duty, insubordinate conduct toward a noncommissioned officer
and failure to obey a lawful written order. On 14 May 1982, you
received the OTH discharge for misconduct {frequent
involvement) .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth and overall record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant _
recharacterization of your discharge given the seriousness and
repetitiveness of your misconduct that resulted in 11 NJPs.
Finally, there is no provision of law or in Navy regulations
that allows for recharacterization of service due solely to the
passage of time. 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,
cea
ROBERT D. Z2SALMAN
Acting Executive. Director
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