DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
TAL
Docket No: 4301-13
11 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 2 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
24 September 1980 at age 19. You received nonjudicial
punishment (NJP} on three occasions for four instances of
failure to go to your appointed place of duty, dereliction in
the performance of duties, unauthorized possession of another
Sailor's liberty pass, failure to obey a lawful general
regulation, breaking restriction, unauthorized absence (UA) from
your unit for a period of 32 days and missing ship’s movement.
You were notified of pending administrative discharge processing
with a recommendation for a general discharge. You waived all
of your procedural rights, including your right to an
administrative discharge board. On 23 August 1982, you received
the general discharge for convenience of the government.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NJPs. The Board noted that you were fortunate
to receive a general discharge since Sailors who have committed
misconduct such as yours normally are separated under other than
honorable conditions. 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, - | .
Roped Dd, Co
ROBERT D. ZSALMAN
Acting Executive Director
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