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NAVY | BCNR | CY2007 | 07570-07
Original file (07570-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100


TJR
                                                                                 Docket No: 7570-07
                                                                                 18 June 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 17 June 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 January 1980 at age 18. You served without disciplinary incident until 1 October 1980, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty and were awarded restriction for seven days.
On 9 July and again on 6 November 1981 you received NJP for a 61 day period of unauthorized absence (UA), disrespect, disobedience, failure to obey a lawful order, and sleeping on watch. During the period from 27 August 1982 to 1 March 1983 you received NJP on four more occasions for three specifications of failure to obey a lawful order, four periods of absence from your appointed place of duty, insubordination, and negligence.
Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense and a pattern of misconduct. After consulting with legal counsel, you elected to waive your right to present your case to an administrative discharge board (ADB). Shortly,
 thereafter, on 31 March 1983, you received your eighth NJP for disobedience and failure to obey a lawful order. The punishment imposed was restriction and extra duty for 30 days.
On 4 April 1983 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 as evidenced by multiple NJPs. On 19 April 1983 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 4 May 1983 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, post service conduct, desire to upgrade your discharge, and the passage of time. It also considered your assertion that your misconduct was the result of drug abuse. 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 eight NJPs. Further, you were given an opportunity to defend yourself against your separation, but waived your right to present your case to an ADB. Finally, your alleged drug abuse is not an excuse for misconduct, and disciplinary action and administrative separation are appropriate for drug related offenses. 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 PFEIFFER
 Executive Director

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