DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 477-14
10 February 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 ina 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
21 January 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 Marine Corps and began a period of active
duty on 22 August 1985. During the period from 4 November 1985
to 24 April 1986, you received five nonjudicial punishments
(NJPs) for assault, failing to go to your appointed place of
duty, sleeping on post, three instances of disrespect, reckless
driving, disobedience, and breaking restriction. Additionally,
you were counseled and warned on more than one occasion that
further misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You waived your rights to consult counsel, submit a statement, or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded to the separation authority recommending
that you be discharged under other than honorable (OTH)
conditions by reason of misconduct. The separation authority
concurred and directed an OTH discharge by reason of misconduct.
You were so discharged on 21 May 1986.
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 characterization of service would be change
seven months after your discharge. Nevertheless, based on the
information currently contained in your record, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your five NJP’s, four
of which were after you were warned of the consequences of
further misconduct. Finally, you are advised that there is no
provision of law or in Navy regulations that allows for
recharacterization of a discharge automatically 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.
Sincexely
ROBERT J. O'NEILL
Executive Director
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