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NAVY | BCNR | CY2013 | NR8250 13
Original file (NR8250 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

704 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BC
Docket No: 08250-13
11. September 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 10 September 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 on 5 December 1984. On 20 June 1985,
you were convicted by a civilian court in Virginia Beach,
Virginia, of being drunk in public and sentenced to a fine of
$25. On 25 November 1985, you received nonjudicial punishment
(NJP} for being absent from your appointed place of duty and
disrespect. On 9 December 1985, you received NUP for wrongful
possession of drug paraphernalia and marijuana, wrongful use of
marijuana and wrongful introduction of marijuana aboard a
military installation. On 20 November 1986, you received NJP
for two incidents of being absent from your appointed place of
duty. On 27 March 1987, you received NUP for being in an
unauthorized absence (UA) status on five occasions and two
incidents of disobeying a lawful order from a senior petty
officer and the Executive Officer. On 3 April 1987, you were
advised that your commanding officer was recommending you for
administrative separation with a discharge under other than
honorable conditions (UOTHC) due to misconduct. You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged with a UOTHC
characterization:of service by reason of misconduct. The -
discharge autherity agreed and directed a discharge UOTHC. On
15 April. 198%, you were so discharged and assigned an RE-4
(ineligible For reenlistment} reenlistment code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case.
Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of your discharge, given
your serious misconduct. The Board also 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 officiai
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

   

ROBERT J. O’NETLL
Executive Director

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