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NAVY | BCNR | CY2003 | 09171-03
Original file (09171-03.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVYANNEX
WASHINGTON DC 20370-5100
         

                  Docket No: 09171 - 03
                   9 August 2004



T his 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 3 August 2004. 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 t he evidence submitted as insufficient to establish the existence of probable material error or injustice.
Y ou enlisted in the Navy 1 985 at age ~. During the pe od f r om 2 April to 29 July 1987, you received three nonjudicial punisliments (NJP) for failure to obey an order, two specifications of absence from your appointed place of duty, an unauthorized absence (UA) of 31 days, six specifications of failure to go to your appointed place of duty, dereliction of duty, and altering a paycheck.
Based on this disciplinary record, administrative discharge action was initiated by reason of misconduct due to pattern of misconduct and commission of a serious offense. You then waived your rights to consult counsel, submit a statement or have your case heard by an administrative board. You elected only to obtain copies of documents supporting the basis for separation.
On 5 August 1987, the commanding officer recommended discharge reason of misconduct, with a characterization of service of under other than honorable conditions. On 10 August 1987 the discharge authority directed an other than honorable discharge by reason of misconduct.
On 12 August 1987 you received yet another NJP for five specifications of failure to go to your appointed place of duty. You were discharged under other than honorable conditions on 20 August 1987.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity along with your contentions that you had mental problems during your period of service. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your four NJP’s. Additionally, the Board noted that you received one of these NJP’s after you were notified of your pending separation. Concerning your contention of mental problems, there is no evidence in the record, and you submitted none, to show that you had a mental illness during that time. In this regard, the documentation you submitted indicates that your mental problems did not become serious until 1992, about five years after you were discharged. 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.







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