DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 9306-13
17 November 2014
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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.
Although your application was not filed in a timely manner, the Board
found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A three-
member panel of the Board for Correction of Naval Records, sitting in
executive session, considered your application on 4 November 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, 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
15 August 1985. During the period from 1 December 1986 to
17 March 1988, you received four nonjudicial punishments (NUP).
Subsequently, administrative discharge action was initiated by reason
of misconduct due to.a pattern of misconduct. You waived your rights
to consult counsel, submit a statement or have your case heard by an
administrative.discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable (OTH)
conditions. by reason of misconduct. On 26 March 1988, the separation
authority concurred and directed an OTH discharge by reason of
‘misconduct. You were so dischargéd on 18 April 1988.
The Board, in its review of your record and application, carefully
weighed all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, based on
the information currently contained in your record, the Board
concluded these factors were not sufficient, to warrant
recharacterization of your discharge given your four NUPs. Finally,
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.
With regard to your submarine designation, the record shows that on 31
March 1988, you were disqualified from submarine duty due to your
administrative discharge. At that time, your submarine designator was
removed and you were not entitled to wear the enlisted submarine
breast insignia. Enclosed is a copy of your disqualification letter
for your information. Regarding your paygrade at the time of your
discharge, your record shows that as a result of your 12 February 1988
NJP for three instances of disobedience, you received a forfeiture of
pay and a reduction to paygrade E-1.
Please be advised that your request for an administrative correction
of your birth date on your Certificate of Release or Discharge from
Active duty (DD Form 214) does not required action by this Board.
However, you may submit your written request to the Department of
Navy, Navy Personnel Command (BUPERS), Code Pers-312, 5720 Integrity
Drive, Millington, TN 38055-3120.
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
Enclosure
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