DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4079-13
26 March 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’19 March 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:ithe Navy and began a period. of active duty on
29 June 1977 at age 18. You received nonjudicial punishment
(NJP) on three occasions for five instances of unauthorized
absence (UA) from your unit for a period totaling 19 days, seven
instances of failure to go to your appointed place of duty,.
seven instances of failure to obey a lawful regulation, two
instances of insubordinate conduct toward a noncommissioned:
officer, wrongful use of marijuana, three instances of breaking
restriction and wrongful possession of more than one armed -
forces identification card. After your second NUP, you were ~
counseled regarding your misconduct, and warned . that further =
offenses could result in. administrative separation. You were
notified of pending administrative discharge processing due to
your frequent acts of misconduct. You waived all of your
procedural rights. On 16 March 1978, you received a general
discharge.
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 NUPs. Finally, the Board 7
believed that. you were fortunate to receive a general discharge
since a separation under other than honorable conditions is
often. directed when a Sailor is separated for frequent
disciplinary infractions. 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.
oo Sincerely, .
: ROBERT D. {.~
Acting Executive Director
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