DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 3688-07
11 February 2008
Dear ete
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 7 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 28 November 1978 at age 18 and served
for nearly a year without disciplinary incident. However, during
the period from 4 January to 25 June 1980, you received
nonjudicial punishment (NJP) on three occasions for two periods
of unauthorized absence(UA) totalling 18 days, two periods of
absence from your appointed place of duty, wrongful possession of
marijuana, and two periods of failure to go to your appointed
place of duty.
On 31 July 1980 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. After consulting with legal counsel you waived your
right to present your case to an administrative discharge board
(ADB). On 10 August 1980 your commanding officer recommended an
other than honorable discharge by reason of misconduct due to a
pattern of misconduct. On 4 October 1980 the discharge authority
approved this recommendation and directed an other than honorable
discharge, and on 21 October 1980 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. It also
considered your assertion that you were injured while in basic
training. 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 three NJPs and included drug abuse. Finally, you
were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. 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,
W. DEAN PFER ER
Executive Dik
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