DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN |
Docket No: 05948-07
21 February 2008
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 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 1 March 1982 at age 19. During the
period from 21 July 1983 to 24 May 1984 you received four
nonjudicial punishments (NJP’s) for two periods of unauthorized
absence(UA) totaling nine days, absence from your unit, missing
movement, failure to go to your appointed place of duty, two
instances of disobedience, and two other periods of UA.
Additionally, you were counseled and warned that further
misconduct could result in administrative separation.
On 4 June 1984, 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) and provided a
written statement. Your commanding officer forwarded his
recommendation for discharge to the discharge authority. On
21 June 1984, the discharge authority directed an other than
honorable discharge by reason of misconduct. You were so
discharged on 3 July 1984.
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, the character letters
accompanying your application, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant any change in your discharge because of the
four NUJP’s, three 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,
\p
W. DE T
Executive Di
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