DEPARTMENT OFTHE NAVY
- BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 i
TOR
Docket No: 6913-13
24 July 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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. The names and votes of the
members of the panel will be furnished upon request. 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 reenlisted in the Navy on 10 August 1981, after more than
three years of prior satisfactory service. You continued to
serve without disciplinary incident until 2 October 1981, when
you received nonjudicial punishment (NUP) for absence from your
appointed place of duty. On 22 September 1983 you received NJP
for indebtedness.
On 25 April 1984 you were convicted by special court-martial |
(SPCM) of a 121 day period of unauthorized absence (UA). Shortly
thereafter, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
After waiving your procedural rights, on 12 July 1984, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 22 August 1984 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on 27
August 1984 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior period of satisfactory service and desire to upgrade
your discharge. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
resulted in two NJPs and an SPCM. Further, you were given an
opportunity to defend your actions, but waived your procedural
rights. Accordingly, your application has been denied.
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 f SALMAN
Acting Executive Director
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