DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3179-07
11 February 2008
This 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 5 February 2008. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 17 July 1980 at age 17. You served
for a year without disciplinary incident but during the period
from 23 July to 13 October 1981 you received nonjudicial
punishment (NJP) on four occasions for using provoking speech,
communicating a threat, and two specifications of disrespect.
During the period from 1 April to 7 December 1982 you received
NJP on three more occasions for absence from your appointed place
of duty, disobedience, five specifications of disrespect,
dereliction of duty, and breaking restriction.
On 13 December 1982 you were notified of pending administrative
separation action by reason of misconduct due to Erequent
involvement of a discreditable nature with military and civilian
authorities. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 20 December 1982 your commanding
officer recommended an other than honorable discharge by reason
of misconduct due to frequent involvement of a discreditable
nature with military and civilian authorities. On 28 December
1982 the discharge authority approved this recommendation and
directed an other than honorable discharge, and on 5 January 1983
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge and change the
narrative reason for your separation from the Navy to medical.
It also considered your assertion that you were experiencing
symptoms of schizophrenia at the time of your separation.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in seven NUPs. The Board noted that you were given an
opportunity to defend yourself against these charges, but waived
your right to present your case to an ADB. Finally, there is no
evidence in the record and you submitted none, to support your
assertion. 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, A
\Qas
W. ‘DEAN PFELF
Executive Diregyhor
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