TMENT OF THE NAVY
BOARL FOR CORRECTION OF NAVAL RECORDS
704 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Docket No: 0137-14
232 Octoher 2o14
Dear Sy
This ig 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 22 October 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 2
June 1979. You received nonjudicial punishment (NJP) on five
occasions. Your offenses were assault, wrongful use of
provoking language, destruction of property, failure to obey a
lawful order, dereliction of duty, and numerous periods of
unauthorized absences.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to frequent involvement
of misconduct at which time you waived your procedural rights to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). Your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to frequent involvement of misconduct.
The discharge authority approved this recommendation and
directed separation under other than honorable conditions by
reason of misconduct, and on 18 February 1983, you were so
discharged and assigned an RE-4 (ineligible for reenlistment}
reenlistment code.
The Board, in its review otf your entire record and application,
carefully weighed all potentially mitigating factors, such as
-your desire to upgrade your discharge and assertion that you
have been diagnosed with post-traumatic stress disorder.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repeated misconduct. Further, you were
given an opportunity to defend your actions, but waived your
procedural rights. Finally, there is no evidence in the record,
and you provided none, to support your assertion. 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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