DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7289-09
10 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 8 June 2010. 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 on 1 May 1977 at age 19 and served for
about nine months without disciplinary incident. However,
during the period from 17 February to 1 December 1978 you
received nonjudicial punishment (NUP) on three occasions for four
periods of unauthorized absence (UA) totalling 46 days and
missing the movement of your ship.
During the period from 21 July to 7 December 1979 you received
four more NJPs for disrespect, wrongful possession of a butterfly
knife, three periods of absence from your appointed place of
duty, two specifications of disobedience, a 16 day period of UA
and missing the movement of your ship.
On 5 March 1980 you were convicted by summary court-martial (SCM)
of two periods of UA totalling eight days, missing the movement
of your ship, breaking restriction, and wrongful appropriation of
an ensign flag and staff. You were sentenced to confinement at
hard labor for 30 days and a $300 forfeiture of pay. Shortly
thereafter, on 2 April 1980, you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. After waiving your procedural rights to legal
counsel and an administrative discharge board (ADB), your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
as evidenced by your record of NJPs and a SCM. On 2 May 1980 the
discharge authority approved this recommendation and directed
your commanding officer to discharge you under other than
honorable conditions by reason of misconduct, and on 21 April
1980, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion of being improperly recruited and
inducted in the Navy. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repeated misconduct
which resulted in seven NIJPs and a SCM. Finally, there is no
evidence in the record, and you submitted 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 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,
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