DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5168-14
14 May 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
13 May 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
6 January 1982. You served for seven months without
disciplinary incident, but during the period from 18 August 1982
to 14 September 1983 you received nonjudicial punishment (NJP)
on seven occasions and were convicted by special courts-martial.
Your offenses were failure to obey a lawful order, unauthorized
absence (UA), failure to go to your appointed place of duty,
breach of peace, disrespect toward a commissioned officer,
making a threat, insubordinate conduct toward a noncommissioned
officer, missing ship’s movement and breaking restriction.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to frequent involvement
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 frequent involvement. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on
13 October 1983, 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 and assertion of being
bullied. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because of the
seriousness of your repeated misconduct. Further, you were
given an opportunity to defend your actions, but waived your
procedural rights. Finally, there is no evidence in the record,
and you provided none, to support your assertion. 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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