DEPARTMENT UF THE MAYY
Sia. Pek CORTE TS OF NAVAL Fo CORTES
pepe pes ROA SUITE 1005
7OIr S. UVer
ARLINGTON, VA 22204-2490
TOR
Docket No: 4756-13
29 April 2014
2
2
Dear SD
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
tates Code, Section 1552.
d for Correction of Naval
on, considered your
f£ the
A three-member panel of the Boar
Records, sitting in executive sessi
application on 15 april 2014. The names and votes 0
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
ngs of this Board: Documentary material considered by
proceedi
the Board consisted of your application, togethe
material submitted in support chereot,
applicable statutes, regulations, and policies.
after careful and conscientious consid a
~he Board found she evidence submitted was insufficient
record,
to establish che existence of prooable material error. or
injustice.
you enlisted in .the Navy and began a period of active duty on &
January 1981. You served for about a year and nine months
without disciplinary incident, but on 13 October 1983 and again
on 7 March 1985, you received nonjudicial punishment (NJP} for a
four day period of unauthorized absence ‘UA), two periods of
absence from your appointed piace of duty, and 23 specifications
of failure to go to your appointed place of guty.
or an administrative separation
Subsequently, you were processed £
of misconduct. After
by reason of misconduct due to a pattern
waiving your procedural rights, on 3 May 1985, your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to 4 pattern of
misconduct. On 10 May 1985 the discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct, and on is May 1985 you were
so discharged.
The Board, in its rey.ew ot your entire recorga and application,
carefully weighed all potentiaily mitigating factors, such as
your desire to upgrade your discharge, post service conduct, and
the passage of time. Nevertheless,
factors were not sufficient to warral
discharge because of the seriousness of your repetitive
misconduct.’ Further, you were given an opportunity to defend
your actiogs, ul Waive yuur erocecnrs wight. Finaiiy, ne
discharge is automatically upgraded due solely to the passage of
time or an individual's good post ser
vice conduct. Accordingly,
' %our application has been denied.
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 reguiarity attaches to all official recoras.
Consequently, when applying for a correction of an official naval
record, the burden 1s on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Teh SESS Tre
ROBERT D. ZSALMAN
Acting Executive Director
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