DEPARTMENT OF THE NAVY
BGARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 08254-13
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.
R 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.
being in an unauthorized absence (UA) status for 34 minutes. On
24 October 1980, you received NUP for failure to go to your
appointed place of duty. On 26. February 1982, you received NJP
for dereliction in the performance of duty by sleeping on watch.
On 19 March 1982, you received NJP for being UA for over 22
hours and wrongful use of marijuana. On 16 April 1982, you
received NUP for being UA on three occasions. On 25 March 1982,
administrative separation action was initiated by reason of
misconduct (arug abuse). After being advised of your due
process rights, you waived your right to have your case heard by
an administrative discharge board (ADB). Your commanding
officer forwarded his recommendation that you be discharged
under other than honorable conditions (UOTHC) by reason of
ts.
misconduct (drug abuse). On 20 April 1982, the discharge
authority directed a discharge UOTHC by reason of misconduct
(drug abuse). You were so discharged on 26 April 1982, and
assigned a RE-4 (not vecommended for retention) reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. The Board found those factors
insufficient,,& warrant recharacterization of your discharge,
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given your ré¢ord of five NUPs for multiple offenses and drug
“abuse. Further, no discharge is upgraded merely because of the
passage of time. In addition, the Board noted that you waived
your 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 J. O'NEILL
Executive Director
Copy to:
The Honorable John Boozman
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