DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
. TJIR
Docket No: 7623-07
9 July 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 8 July 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 4 January 1980 at age 19. You served
without disciplinary incident until 20 August 1980, when you were
convicted by summary court-martial (SCM) of disrespect, failure
to obey a lawful order, and communicating a threat. You were
sentenced to confinement at hard labor for 31 days and a $298
forfeiture of pay. On 23 and 31 October 1980 you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty, missing muster, and disrespect.
On 20 February 1981 you were convicted by special court-martial
(SPCM) of a 61 day period of unauthorized absence (UA), failure
to obey a lawful order, and breaking restriction. You were
sentenced to confinement at hard labor, restriction, and hard
labor without confinement for 45 days.
On 19 March 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 consult with legal counsel you waived your right to present
your case to an administrative discharge board (ADB).
Subsequently, your commanding officer recommended an other than
honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
The discharge authority approved this recommendation and directed
discharge under other than honorable conditions by reason of
misconduct, and on 3 April 1981 you received an other than
honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that you were offered a general
discharge but were erroneously issued an other than honorable
discharge. It also considered your assertion that your discharge
should be changed so that you may be entitled to veterans’
benefits. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Finally, there is no evidence in the record, and you submitted
none to support your assertion of being erroneously issued an
other than honorable discharge. 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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