DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 7012-13
31 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 29 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. , me
You enlisted in the Navy and began a period of active duty on 1
June 1988. You served for about three months without
disciplinary incident, but during the period from 1 September
1988 to 11 May 1989, you received nonjudicial punishment (NJP) on
three occasions for seven periods of failure to go to your
appointed place of duty, a four day period of unauthorized
absence (UA), failure to obey a lawful order, disobedience, and
being intoxicated in public. .
Subsequently, you were administratively processed for separation
by reason of misconduct due to a pattern of misconduct. After
waiving your procedural rights, on 25 May 1989, your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to a pattern of
misconduct. On 7 June 1989 the discharge authority approved this
recommendation and directed discharge under other than honorable
conditions by reason of misconduct, and on 13 July 1989, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of suffering
from mental problems. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repeated misconduct
which resulted in three NJPs. Further, you were given an
opportunity to defend your actions, but waived your procedural
rights. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. 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,
Ri S Gir
ROBERT D. ZSALMAN
Acting Executive Director
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