DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 2416-14
2 April 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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
20 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
4 May 1980. You served for a month without disciplinary
incident, but during the period from 5 June 1980 to
27: July 1981, you received nonjudicial punishment (NJP) on seven
occasions. Your offenses were unauthorized absence, misbehavior
of a sentinel, disobeying orders, possession of alcohol while on
restriction, damaging military property, malingering,
dereliction of duty, and possessing another service member's ID
card. As a result, you were recommended for an administrative
separation by reason of misconduct due to frequent involvement
of a discreditable nature with military authorities.
On 21 September 1981, you were discharged with an other than
honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service and your
allegation of being denied treatment. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case, given your frequent misconduct and involvement with
military authorities. Further, you were given an opportunity to
complete an alcohol abuse rehabilitation program, but you were
terminated from the program for your inability to commit to the
treatment program. Finally, there is no evidence in the record,
and you provided none, to support your 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,
ROBERT J. O'NEILL
Executive Director
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