DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7018. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5901-13
12 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 4 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 April 1981 at age 19. On 21 May 1981, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for a period of 56 days and missing ship's movement.
On 10 December 1981, you were convicted by special court-martial
(SPCM) of UA from your unit for a period of 128 days. The
sentence imposed was confinement at hard labor, reduction in
paygrade and restriction. From 20 May through 9 December 1982,
you received NJP on four occasions for failure to obey a lawful
order from a commissioned officer, loss of government property,
two instances of drunk and disorderly conduct, being drunk on
duty, failure to report an offense, consuming alcohol on board a
Naval vessel, destruction of government property, using
provoking speech and gestures, assault, two instances of
bringing discredit upon the Naval service and insubordinate
conduct toward a noncommissioned officer. After your third NUP,
you were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. You
were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
(frequent involvement). You waived all your procedural rights,
including your right to an administrative discharge board (ADB).
On 2 March 1983, you received the OTH discharge for misconduct
(frequent involvement} .
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall 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 five NUJPs and an SPCM. 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,
Re 2S
ROBERT D. ZSALMAN
Acting Executive Director
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