DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5382-13
21 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, reconsidered your
application on 14 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, and your prior case file.
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 reenlisted in the Navy on 3 March 1986 after more than five
years of prior honorable service. On 17 February 1987, you
received nonjudicial punishment (NJP) for driving under the
influence of alcohol. On 17 September 1987, you were admitted to
the Alcohol Rehabilitation Department, Newport Navy Hospital,
Newport, Rhode Island. On 23 September 1987, your treatment was
terminated due to your negative behavior. You were warned that
you would be held fully accountable for all of your behavior and
actions and that administrative separation would be effected if
you continued to be a problem at your command. On 15 March 1988,
you were convicted by special court-martial (SPCM) of unauthorized
absence (UA) from your unit for a period of 77 days and missing
ship’s movement. The sentence imposed was confinement, and
reduction in paygrade. On 12 April 1988, 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 25 July 1988, 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 prior
honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct that
resulted in an NJP and an SPCM. It is a fundamental tenet of
Military administrative law that a Sailor's service is
characterized based on his record in the current enlistment The
Board noted that you waived the right to an ADB, your best
chance for retention or a better characterization of service.
Accordingly, your application has again been denied. The names
and votes of the members of the panel will be furnished upon
request.
The Board also noted that you should contact the Department of
the Navy, Navy Personnel Command (BUPERS), Pers-3C, 5720
Integrity Drive, Millington, Tennessee 38055-3120 to request
that administrative corrections be made to your Certificate of
Discharge or Release from Active Duty (DD Form 214) such as, but
not inclusive of, your date of birth, social security number, or
record of service.
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,
7 ReneS Cf
ROBERT D. 4SALMAN
Acting Executive Director
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