DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4238-13
2 April 2014
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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 26 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 the Navy and began a period of active duty on
7 August 1980 at the age of 20. You received nonjudicial
punishment (NJP) on five occasions for 10 instances of failure
to go to your appointed place of duty, two instances of making a
false official statement, unauthorized absence from your unit
for a period of one day, using provoking speech, failure to obey
a lawful regulation, dereliction in the performance of duties
and breaking restriction. 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 14 July 1992, 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 changing your
characterization of service given the seriousness of your
misconduct that resulted in five NUJPs. The Board noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. 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,
ROBERT D. 2SALMAN
Acting Executive Director
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