DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i00i
ARLINGTON, VA 22204-2490
SIN
Docket No: 04636-13
14 May 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 7 May 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
23 July 1979. The Board found that during the period from
26 October 1979 to 6 May 1981, you received eight nonjudicial
punishments (NJP’s) for eight periods of unauthorized absence
(UA) totaling 33 days and five instances of being absent from
your appointed place of duty. Subsequently, you were notified of
pending administrative separation action by reason of misconduct
due to frequent involvement of a discreditable nature with
military authorities. After being advised of your procedural
rights, you waived the right to an administrative discharge board
(ADB). The separation authority directed discharge under other
than honorable conditions by reason of misconduct. You were so
discharged on 26 May 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service accomplishments, and desire to upgrade your
discharge. Nevertheless, the Board found that these factors were
not sufficient to warrant any change in your discharge given your
eight NUP’s for periods of UA totaling over 30 days and being
absent from your appointed place of duty on numerous occasions.
. The Board also noted that you waived an ADB, your best chance 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 camnot 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,
Rye RD, re
ROBERT D. “ZSALMAN
Acting Executive Director
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