DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4498-14
27 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
20 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 and began a period of active duty on
4 October 1979. You served for seven months without disciplinary
incident, but during the period from 11 June 1980 to
22 April 1981, your received nonjudicial punishment (NUP) on six
occasions and were convicted by summary court-martial. Your
offenses were using disrespectful language toward a
noncommissioned officer, failure to obey a lawful order, absence
from your appointed place of duty, unauthorized absence from your
unit and wrongful possession of marijuana. On 22 April 1981, you
were convicted by special court-martial of failure to go to your
appointed place of duty, disrespect toward a commissioned
officer, willfully disobeying a lawful order and failure to obey
a lawful regulation. The sentence imposed was confinement a
forfeiture of pay and a bad conduct discharge (BCD). Although
your BCD discharge was suspended for nine months on 25 June 1981,
this suspension was vacated due to your continued misconduct,
which consisted of your conviction by summary court-martial of
absence from your appointed place of duty and using disrespectful
language toward a noncommissioned officer. On 14 December 1981,
you were discharged with a BCD after appellate review.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service rehabilitation and desire to upgrade your
discharge. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your repeated 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.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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