DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4626-13
22 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 16 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
13 September 1976 at age 21. You received nonjudicial
punishment (NJP) on four occasions for willful disobedience
toward a commissioned officer, resisting apprehension, assault,
drunk and disorderly conduct, three instances of failure. to go
to your appointed place of duty, unauthorized absence from your
unit for a period of two days, breaking restriction,
insubordinate conduct toward a noncommissioned officer, and
failure to obey a lawful order. You were notified of pending
administrative discharge processing due to your frequent acts of
misconduct. You waived all of your procedural rights. On
21 December 1977, 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 four NUPs. Finally, the Board
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.
Sincerely,
eR DS | stp omen
ROBERT D. ALMAN
Acting Executive Director
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