DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 5357-14
26 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
22 May 2015. 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 February 1980. During the period from 4 September 1981 to
19 January 1982, you received four nonjudicial punishments (NJP)
and were convicted by summary court martial (SCM). Your
offenses were a SCM conviction for larceny, unauthorized absence
for two unspecified periods, failure to be at appointed place of
duty, possession of marijuana, breaking restriction, wearing
improper uniform, communicating a threat, two occasions of
disobeying a lawful order, failure to obey a lawful order, and
assault.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement with civilian or military authorities. After
waiving your procedural rights, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to frequent involvement with civilian
or military authorities. The discharge authority approved this
recommendation and directed separation under other than
honorable conditions by reason of misconduct and on
9 April 1992, 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 characterization of service to
general. Nevertheless, the Board found that these factors were
not sufficient to warrant upgrading your characterization of
service given the severity of your misconduct as evidenced by
four NJPs and a SCM conviction. 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
applying for correction of an official naval record, the burden
is on the applicant to demonstrate the existence of the probable
material error or injustice.
ROBERT J. O’NEILL
Executive Director
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