DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6780-13
24 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 16 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
2 April 1981 at age 18. You received nonjudicial punishment
(NJP) on three occasions from 16 November 1981 through 3 August
1982 for wrongful possession of marijuana, seven instances of
failure to go to your appointed place of duty, and 11 instances
of failure to obey a lawful regulation. On 26 August 1982, you
were convicted by summary court-martial (SCM) of three instances
of failure to go to your appointed place of duty and failure to
obey a lawful order from your commanding officer. On
1 March 1983, you received NJP for assaulting a Japanese
national. After your second 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). You received NJP on two
additional occasions for two instances of failure to obey a
lawful regulation and disobeying a lawful order. on
6 June 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 due to your repetitive misconduct that
resulted in six NJPs and an SCM. 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,
ROBERT D, ZSALMAN
Acting Executive Director
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