DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 8336-13
4 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 3 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 and began a period of active duty on
29 August 1979. The Board found that during the period from
29 February 1980 to 6 April 1981, you received six nonjudicial
punishments (NJP‘s) for three instances of disobedience,
communicating a threat, two instances of wrongful possession of
marijuana, resisting lawful apprehension, assault, wrongful
appropriation of government property, and unauthorized absence.
On 6 dune 1981, you were convicted by special court-martial
(SPCM) of insubordinate conduct. You were sentenced to
confinement at hard labor and a forfeiture of pay. Subsequently,
you were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
@iscreditable 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 conditions by reason of misconduct. You were SO
discharged on 13 October 1981.
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 six NUP’s and SPCM ,
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,
ROBERT O'NEILL
Executive Director
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