DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05544-09
29 April 2010
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application.on 27 April 2010. 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 ail 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
23 September 1976. On 18 May 1978, you received nonjudicial
punishment (NJP) for destroying military property. On 7 May
1979, you were convicted at a summary court-martial {SCM) for
being in an unauthorized absence status for a 149 day period.
You were sentenced to a forfeiture of $200, and confinement at
hard labor for 24 days. On 15 November 1979, you received NJP
for having two specifications of possession of drug paraphernalia
and marijuana. On 2 February 1980, you received NUP for failure
to obey a lawful order. On 8 May 1980, you commenced a period of
UA which lasted until you returned on 15 December 1980.
Subsequently, you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
a period of UA totaling over seven months. Prior to submitting
this request for discharge, you conferred with a qualified
military lawyer, were advised of your rights, and were warned of
the probable adverse consequences of accepting such a discharge.
Your request for discharge was granted and on 9 February 1981,
you received an other than honorable discharge in lieu of trial
by court-martiai. As a result of this action, you were spared
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
three NJP’s and one SCM conviction. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
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 or other matter not previously considered by the Board.
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,
W. DEAN P
Executive Di r
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