DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03943-07
18 January 2008
Dear (bans
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of 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 16 January 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 30 March 1979 at age 19. During the
period from 19 July 1979 to 11 August 1981, you received five
nonjudicial punishments (NUJP’s) for a 13-day period of
unauthorized absence (UA), two instances of possession of
marijuana, and seven specifications of absence from your
appointed place of duty.
On 14 August 1981, you were notified of pending administrative
separation action by reason of convenience of the government due
to substandard performance and inability to adapt to military
service. After being advised of your procedural rights, you did
not object to the separation and did not elect to make a
statement. You received a general discharge on 21 August 1981.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your record of five NUP’s, two of
which were for drug abuse. The Board also noted that you were
fortunate to receive a general discharge since a discharge under
other than honorable conditions is often directed when an
individual commits misconduct. 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,
\ c~ co
\ ‘, \
W. DE ;
Executive
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