DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8683-13
30 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 17 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
6 April 1988 at age 22. You tested positive for wrongful use of
marijuana during an accession training urinalysis and were
placed in a surveillance program. You received nonjudicial
punishment (NJP) on four occasions for four instances of
unauthorized absence (UA) that totaled 52 days, failure to obey
a lawful order, three instances of being incapacitated for the
proper performance of duties, and two instances of failure to go
to your appointed place of duty. 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
(commission of a serious offense). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 16 April 1990, you received the OTH
discharge for misconduct (commission of a serious offense).
The Board, in its review of your application, carefully weighed .
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
_ these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NJPs. The Board noted that you waived your
ight to an ADB, your best opportunity for retention or a better
characterization of service. Finally, there is no provision of
law or in Navy regulations that allows for recharacterization of
service due solely to the passage of time or an individual’s
good behavior after discharge. 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 within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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
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