DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7OtS, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5412-13
24 June 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 19 June 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
17 February 1988. The Board found that on 19 February 1988, you
were briefed on the Navy's policy regarding drug and alcohol
abuse. During the period from 16 February 1989 to 8 February
1990, you received four nonjudicial punishments (NUJP’s) for being
absent from your appointed place of duty, three instances of
drunkenness-being incapacitated for the proper performance of
duty, two periods of unauthorized absence (UA) totaling six days,
and disobedience. Additionally, you were convicted by civil
authorities of reckless driving. You were counseled on two
occasions regarding your misconduct and warned that further
misconduct could result in administrative discharge action.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The discharge authority concurred and directed an OTH discharge
by reason of misconduct due to commission of a serious offense.
You were so discharged on 16 March 1990.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to change your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NJP's, civil
conviction, and the fact that you were warned of the consequences
of further misconduct. Finally, 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
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,
TR RD
ROBERT D. ZSALMAN
Acting Executive Director
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