DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 9084-13
3 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. The names and votes of the
members of the panel will be furnished upon request. 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, anid
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 February 1985 at age 18. You received nonjudicial punishment
(NJP) on three occasions for driving under the influence of
alcohol, failure to go to your appointed place of duty, two
instances of unauthorized absence (UA) from your unit, failure
to obey a lawful order and willfully disobeying a commissioned
officer. -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 (pattern of misconduct). You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 23 January 1987, you
received the OTH discharge for misconduct (pattern of
misconduct) .
The Board, in its review of your application, carefully weighed
ail potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board. found that
sthese factors were net sufficient to warrant recharacterization
jot your discharge given the seriousness of your misconduct that
“resulted in three NJPS. Finally, the Board 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.
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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