DEPARTMENT OF THE NAVY
EcoRDS
BOARD FOR CORRECTION OF NAVALR
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2450
TUR
Docket No: 2116-14
23 March 2015
naval récord pursuant to the provisions of Title-10, united
States Code, Section 1552.
Although your application was not filed ina timely Manner, the
Board found it in the interest of justice to waive the statute of
jens and consider your application on its merits. A
be furnished upon request. Your allegations of error and
occasions for three Specifications of disobedience, disrespect,
two specifications of assault, and failure to obey a lawful
order. Shortly thereafter, on 16 November 19820, you were
convicted by special court-martial (SPCM) of assault.
On 16 May 1983, you were referred for a medical/psychiatric
Subsequently, you were administratively processed for separation
by reason of misconduct due to a pattern of misconduct and
frequent involvement of a discreditable nature with military
authorities. After waiving your procedural rights to consult
with legal counsel and to present your case to an administrative
discharge board, on 15 August 1983, you were issued an other than
honorable discharge by reason of misconduct and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and change your narrative
reason for separation. It also considered your assertions of
sexual assault, intimidation, and being forced out of the Navy.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
serioushess of your repetitive misconduct which resulted in four
NJPs and SPCM, Regarding your assertions, the Board noted that
there is no evidence in the record to substantiate the validity
of these actions, and as such, concluded that, the severity of
your misconduct outweighed the mitigation of these allegations.
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 or other matter not previously considered by the Board
within one year from the date of the Board's decision. 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,
RT J. O'NE
Executive Director
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