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NAVY | BCNR | CY2005 | 00585-05
Original file (00585-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS


 I
          K’       2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
 Docket No:       585-05
 24 March 2005







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 22 March 2005. 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.
You enlisted in the Navy on 26 February 1979 at age 18. During the period from 4 June 1980 until 11 December 1981, you received nonjudicial punishment on six occasions. Your offenses were two periods of unauthorized absence totaling about 29 days, absence from your appointed place of duty, missing ship’s movement, two instances of possession of marijuana, larceny, disobedience, sleeping on watch, and several instances of drunkenness and being incapacitated for duty. After your fourth nonjudicial punishment, you were counseled and warned that further misconduct could lead to a discharge under other than honorable conditions.
Based on the foregoing record, you were processed f or an administrative discharge by reason of misconduct. An administrative discharge board met on 4 January 1982 and recommended that you be discharged for misconduct under other than honorable conditions. After review, the discharge authority directed discharge under other than honorable conditions, and you were so discharged on 1 April 1982.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and desire for
 a better discharge to improve your employment prospects. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your extensive disciplinary record and failure to respond to counseling. The Board concluded that the discharge was proper as issued and no change is warranted.
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,
Q9%y
W.       DEAN PFEI] Executive Di:



























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