DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 6405-13
23 July 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 22 July 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
23 June 1987. The Board found that on 8 January and 12 April
1988, you received nonjudicial punishment (NJP) for insubordinate
conduct (striking a petty officer) and buying stolen property.
You were counseled and warned that further misconduct could
result in administrative discharge action. On 15 July 1988, you
received a third NUP for disorderly conduct and communicating a
threat. Subsequently, administrative discharge action was
initiated: by reason of misconduct due to a pattern of misconduct,
You. waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 18 July 1988, your case was forwarded recommending that you be
ine
discharged under other than honorable (OTH) conditions by reason
of misconduct. The separation authority concurred and directed
an OTH discharge by reason of misconduct. You were so discharged
on 9 August 1988,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and character letters. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
“ of your discharge given your three NJP’s for serious offenses,
_one of which was after you were warned of the consequences of
further misconductJ The Board also 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.
Consequentiy, 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,
TS a
ROBERT D. ZSALMAN
Acting Executive Director
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