DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 ~
ARLINGTON, VA 22204-2490
TAL
Docket No: 4993-13
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
2 August 1974 at age 17. You received nonjudicial punishment
(NJP) on 7 November 1975 and 13 February 1976, for failure to
obey a iawful order, failure to go to your appointed place of
duty, disrespect toward a noncommissioned officer, and
dereliction in the performance of duties. On 11 January 1977,
you were convicted in Circuit Court in Norfolk, Virginia, of
grand larceny and writing worthless checks. The sentence
imposed was two years supervised probation. On 12 February
1978, you were convicted by special court-martial (SPCM) of
three instances of unauthorized absence (UA) from your unit for
a period totaling 237 days. On 6 March 1978, you were UA from
your unit until you were apprehended by civil authorities on
7 March 1985, a period of five years. On 22 April 1985, you
were convicted in Superior Court in North Carolina, of credit
card theft and forgery. You were sentenced to nine years in the
Southern Correctional Institute, Troy, North Carolina. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 17 October 1986, you
received the OTH discharge for misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
wverall record’of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NUPs, an SPCM and two civil convictions. A
member of the armed services who is convicted by civil
authorities may be discharged for misconduct. The Board noted
that you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
TRAD
ROBERT D. ZSALMAN
Acting Executive Director
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