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NAVY | BCNR | CY2006 | 05722-06
Original file (05722-06.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX

WASHINGTON DC 20370-5100 CRS
Docket No: 5722-06.

22 November 2006

 

 

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. oS

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 October 2006. 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 21 March 1979.
The record reflects that you received seven nonjudicial
punishments. Your offenses included unauthorized absences
totaling more than 13 days, missing ship’s movement, dereliction
of duty, taking part in two assaults, wrongful appropriation,
failure to obey a lawful order, and absence from your appointed
place of duty on four occasions.

On 16 April 1982 your 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
recommendation, 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 on 2 May 1982 you received an other than honorable
discharge. oe

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth. ~
Nevertheless, the Board. concluded that these factors were not
sufficient to warrant recharacterization of your discharge, due
to your extensive record of frequent involvement with military
authorities. Specifically, you were the subject of seven
disciplinary actions in a period of less than four years.
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,

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