DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4306-13.
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
7 June 1982 at age 18. You received nonjudicial punishment
(NJP) on four occasions for willfully destroying government
property, wrongful use of marijuana, abandoning your watch,
failure to obey a lawful written regulation, and two instances
of failure to go to your appointed place of duty. You were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (pattern
ef misconduct). After consulting with legal counsel, you
elected.to present your case to an administrative discharge
board (ADB). On 11 April 1985, an ADB voted unanimously that
you did commit misconduct, and that you should be retained. The
separation authority approved your retention in the Naval
Service. On 10 June 1985 you were convicted in civil court of
driving under the influence (DUI) of alcohol. You were fined
$250, your driver's license was suspended for six months and you
were confined for 30 days. The confinement was suspended for
one year. On 13 June 1985, you received NUP for unauthorized
absence (UA) from your unit for seven days and destruction of
government property. You were again notified of pending
administrative discharge processing with an OTH discharge due to
misconduct (pattern of misconduct). You waived all of your
procedural rights, including your right to an ADB. On 9 August
~1985, 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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in five NJPs and a civil conviction. The Board noted
you waived the right to a second ADB, your best opportunity 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,
(Seek a
ROBERT D. ZSALMAN
Acting Executive Director
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