DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4318-14
24 April 2015
This ig 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
22 April 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 Reserve and began a period of active
duty on 2 September 1986. You served for nine months without
disciplinary incident, but during the period from 20 March 1987
to 5 May 1988, you received nonjudicial punishment (NJP) on four
occasions. Your offenses were unauthorized absence, missing
ship’s movement and disobeying a lawful order.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of misconduct
at which time you waived your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct. The discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason misconduct, and
on 27 May 1988, you were so discharged.
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 to be eligible for medical
benefits with the Department of Veterans Affairs (DVA) and
assertion that you did not have representation during your
discharge process. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
because of the seriousness of your repeated misconduct.
Regarding your assertion, the Board noted that you waived the
right to legal counsel and ADB, your best opportunity for
retention or a better characterization of service. Accordingly,
your application has been denied.
The Board believes that under current regulations you may be
eligible for veterans’ benefits which accrued during your first
period of service. Whether or not you are eligible for benefits
is a matter under the cognizance of the DVA and you should
contact the nearest office of the DVA concerning your right to
apply for benefits.
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 OF Injustice,
Sincerely
ROBERT J. O’NEILL
Executive Director
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