DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S,. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
SIN
Docket No: 2180-14
24 March 2015
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 ..
-11l 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 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
18 January 1982. During the period from 28 September 1983 to
18 June 1985, you received five nonjudicial punishments (NJPs)
and were convicted by summary court-martial (SCM). Additionally,
you were counseled after your first NJP, and warned that further
misconduct could result in administrative discharge action.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After being advised of your procedural rights, you waived the
right to an administrative discharge board (ADB). Your case was
forwarded and the separation authority directed discharge under
other than honorable conditions by reason of misconduct. You
were so discharged on 7 August 1985. :
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and .
belief that your discharge would automatically be upgraded after
one year. Nevertheless, the Board found that these factors were
not sufficient to warrant any change in your discharge given your
misconduct that resulted in five NUJP’s, SCM conviction, and the
fact that you were warned of the consequences of further
misconduct. The Board also noted that you waived an ADB, your
best chance for retention or a better characterization of
service. Finally, you are advised that there is no provision of
law or in Navy regulations that allows for recharacterization of
a discharge automatically after one year or due solely to the
passage of time. 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.
Sincgrely
ROBERT J. O’NETLL
Executive Director
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