DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02637-14
6 April 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
25 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
3 January 1984. On 12 September 1984, you received nonjudicial
punishments (NJP) for 28 days of unauthorized absence being
absent from your appointed place of duty and missing ship’s
movement. Subsequently, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. After being afforded all of your procedural rights, you
signed a conditional wavier of an administrative discharge board
(ADB), provided that you were recommended for a general
discharge. Your case was forwarded to the separation
recommending that you be discharged under honorable conditions.
The separation authority concurred and directed a general
discharge by reason of misconduct. You were so discharged on
7 December 1984.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, and desire to change the reason for your
discharge and characterization of service. Nevertheless, based
on the information currently contained in your record, the Board
concluded these factors were not sufficient to warrant changing
the reason for your discharge or recharacterization of your
service given your NJP for very serious offenses. The Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Finally, the
Board also noted that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when a Sailor is discharged for misconduct.
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.
Singexely,
ROBERT O'NEILL
Executive Director
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