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NAVY | BCNR | CY2005 | 09738-05
Original file (09738-05.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                      TRG
         Docket No: 9738-05
         19 January 2007







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 9 January 2007. 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 28 August 1978 at age 18. During the period from 26 January 1979 to 17 February 1982, you received four nonjudicial punishments. Your offenses were four instances of disobedience, damaging government property, use of marijuana and sleeping on watch.
Although the discharge processing package is not filed in your service record it is clear that based on your disciplinary record, you were processed for an administrative discharge by reason of misconduct. On 22 February 1982 you acknowledged that you were not recommended for reenlistment and would be assigned an RE-4 reenlistment code. On 22 February 1982, you were issued a general discharge by reason of misconduct.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, limited education, desire for a better discharge to improve your employment prospects and your contention that the nonjudicial punishment were unjust. The Board found that the facts of your case were not sufficient to warrant recharacterization of your discharge due to your extensive record of misconduct. With regard to your claim of injustice please understand that the evidence supporting nonjudicial punishment is routinely destroyed after two years. Consequently, due to the passage of time, there is no basis upon which to conclude that your nonjudicial punishments were unjust nor have you submitted any evidence to show an injustice occurred. Finally, the Board believed that you were fortunate to have received a general discharge since a discharge under other than honorable conditions was authorized.
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,


ROBERT D Z SALMAN
 Acting Executive Director






















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