DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8945-13
2 October 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 24 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
5 July 1977 at age 24. You received nonjudicial punishment
(NUP) on four occasions from 8 March through 28 September 1978
for two instances of misbehavior as a lookout, being derelict in
the performance of your duties, two instances of failure to go
to your appointed place of duty, and unauthorized absence (UA)
from your unit for a period of three days. On 18 December 1978,
‘you were convicted by summary court-martial (SCM) of
communicating a threat, two instances of insubordinate conduct
toward a noncommissioned officer, disrespect toward a
commissioned officer, and willful disobedience of a commissioned
officer. On 1 March 1979, you received NUP for wrongful
possession and use of marijuana, failure to obey a lawful
regulation and using an unauthorized armed forces identification
card. On 27 March 1979, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (frequent involvement). You
waived all of your procedural rights, including your right to an
administrative discharge aboard (ADB). on i7 April 1979, you
received the OTH discharge for misconduct (frequent
involvement) .
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and —
yoverall record of service. Nevertheless, the Board found that
‘these factors were not sufficient to warrant recharacterization
bf your discharge given the seriousness of your misconduct that
resulted in five NUPs and an SCM. The Board noted that you
waived the right to 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 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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