DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 7243-13
6 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 5 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 enlisted in the Navy and began a period of active duty on
18 August 1981. The Board found that on 9 July 2982, you were
convicted by summary court-martial (SCM) of two periods of
unauthorized absence (UA), wrongful possession of marijuana, and
reckless driving. On 15 July 1982, you were counseled and warned
that further misconduct could result in administrative discharge
action. On 24 August and 29 December 1982, you received
nonjudicial punishment (NJP) for disobedience, three periods of
UA totaling two days, missing ship’s movement, carrying a
‘concealed weapon, and breach of the peace. On 22 April 1983, you
received your third NUP for two instances of UA. Subsequently,
you were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After being
advised of your procedural rights, you waived the right to an
administrative discharge board (ADB). Your case was forwarded
and the separation authority directed discharge under other than
honorable (OTH) conditions by reason of misconduct. You were so
discharged on 20 June 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to upgrade your discharge. Nevertheless, the
+ Board found that these factors were not sufficient to warrant any
change in your discharge given your three NJP’s, the fact that
you were warned of the consequences of further misconduct and SCM
conviction. The Board also noted that you waived 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,
TR, FO
- ROBERT D. ZSALMAN
Acting Executive Director
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