DEPARTMENTOFTHE NAVY
BOARD F O R C O R R E C T I O N OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
CRS
Docket No: 9872-02
8 August 2003
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 5 August 2003. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 26 September
1983. On 1 August 1984 you were convicted by civil authorities
of reckless driving that was alcohol related. The court
sentenced you to probation for three years and a fine of $200.
Subsequently, the record reflects that you received four
nonjudicial punishments. The offenses included unauthorized
absences totalling two days, absence from your appointed place of
duty on five occasions, disrespect on two occasions, use of
provoking words, assault, communicating a threat, and reckless
driving.
On 10 February 1986 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct. When informed of the
reconmendation, you elected to waive the right to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and you were discharged on 14 February 1986 with an
other than honorable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, service while
deployed, and good post service conduct. However, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge because of your extensive
disciplinary record and civil 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,
Copy to: Veterans of Foreign Wars
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