DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04414-07
21 February 2008
This is in reference to your application for correction of your
navat record pursuant to the provistons of Titte 10 oF the Unittsd
states Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 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 26 February 1980 at age 17. During
the period from 19 May to 16 October 1981 you received four
nonjudicial punishments (NJP’s) for sleeping on watch,
14 instances of absence from your appointed place of duty, five
instances of disobedience, a seven-day period of unauthorized
absence, and missing movement. Additionally, after your second
NJP, you were counseled and warned that further misconduct could
result in administrative separation.
On 20 October 1981 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After being advised of your procedural rights, you waived the
right to an administrative discharge board (ADB). The discharge
authority then directed discharge under other than honorable
conditions by reason of misconduct. You were so discharged on
9 November 1981.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and post service
accomplishments to include being alcohol and drug free for over
eight years. Nevertheless, the Board found that these factors
were not sufficient to warrant any change in your discharge
because of the four NJP’s, two of which were imposed after you
were counseled and warned about the consequences of further
misconduct. The Board also noted that you waived an ADB, your
best chance for retention or a better characterization of
service. 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,
We F
Executive Di xr
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