DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
WASHINGTON DC 20370-5100
SRB
Docket No: 02076-03
15 October 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 15 October 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 25 January 1983
at age 19. From 4 November 1983 thru 13 January 1984, you
received three nonjudicial punishments (NJP). The offenses
included an unauthorized absence of four days, several instances
of absence from your appointed place of duty, two instances of
disobedience, and breaking restriction.
On 13 March 1984 the commanding officer initiated administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board. On 15 March 1984 the commanding officer
recommended discharge underother than honorable conditions.
Subsequently, the separation authority directed discharge and on
27 March 1984, you received an other than honorable discharge by
reason of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors such as your youth and
immaturity. However, the Board concluded that given your
frequent misconduct, the discharge was properly and
appropriately assigned. ~ccordingly, your request 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,
NAVY | BCNR | CY2002 | 07508-02
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