DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR . .
Docket No: 6346-07
17 April 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 15 April 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 22 February 1979 at age 21 and served
without disciplinary incident until 14 December 1979, when you
received nonjudicial punishment (NJP) for disrespect.
During the period from 1 February i980 to 2 July 1982 you
received NJP on five more occasions for two specifications of
wrongful possession of marijuana, disrespect, three periods of
failure to go to your appointed place of duty, and two period of
absence from your appointed place of: duty.
From 2 June 1983 to 25 April 1984 you received three more NJUPs
for wrongful use of marijuana, three periods of absence from your
appointed place of duty, and failure to go to your appointed
place of duty.
On 26 April 1984 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities and a pattern of misconduct. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). On 4 May 1984 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
24 May 1984 the discharge authority approved this recommendation
and directed an other than honorable discharge, and on 4 June
1984 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 the passage of time and the character reference
letters provided in support of your case. 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 nine NUPs.
Finally, the Board noted that 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,
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