DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 7115-13
14 August 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 6 August 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 reenlisted in the Navy on 21 April 1986 after more than two
years of prior honorable service. You received nonjudicial
punishment (NJP) of three occasions for unauthorized absence
(UA) from your unit for a period of four days, missing ship‘’s
movement, dereliction in the performance of duties, failure to
go to your appointed place of duty and drunkenness. After your
- second NJP, 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 (pattern of misconduct). You waived
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 5 July 1988, you
received the OTH discharge for misconduct (pattern of
misconduct) .
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness and repetitiveness of your
misconduct that resulted in three NJPs. Finally, the Board
noted that you waived the right to an ADB, your best opportunity
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 B. ZSALMAN
Acting Executive Director
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