DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Or s, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1844-14
2 April 2015
This is in reference to your application for correction of your
husband’s 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
18 March 2015. 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 husband’s 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.
Your husband enlisted in the Navy and began a period of active
duty on 31 January 1978. He served for six months without
disciplinary incident, but during the period from 18 July 1978 to
15 January 1982, he received nonjudicial punishment (NJP) on 10
occasions. His offenses were failure to obey a lawful order,
using disrespectful language toward a noncommissioned officer,
failure to go to his appointed place of duty, using provoking
words and gestures and unauthorized absence (UA) from his unit.
Subsequently, he was notified of pending administrative
separation by reason of misconduct due to frequent involvement,
at which time he waived his procedural rights to consult with
legal counsel and to present his case to an administrative
discharge board (ADB). His commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, on
23 February 1982, he was so discharged.
The Board, in its review of your husband's entire record and
application carefully weighed all potentially mitigating factors,
such as your desire to upgrade your husband's discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your husband’s case because of
the seriousness of his repeated misconduct. Further, the Board
noted that your husband waived the right to an ADB, his best
chance for retention or a better characterization of service.
Accordingly, your application has been denied.
It is regretted that the circumstances of your husband’s 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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