DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7972-07
10 September 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 9 September 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 11 September 1978 at age 18 and
served for nearly three years without disciplinary incident.
However, on 6 August 1981, you received nonjudicial punishment
(NJP) for absence from your appointed place of duty. The
punishment imposed was a $50 forfeiture of pay and restriction
and extra duty for seven days.
On 18 February 1982 you were convicted by special court-martial
(SPCM) of two specifications of uttering worthless checks and
sentenced to confinement at hard labor for two months, a $400
forfeiture of pay, and reduction to paygrade E-3. On 25 June
1982 you received NJP for an 18 day period of unauthorized
absence (UA) and were awarded a $300 forfeiture of pay and
reduction to paygrade E-3, which was suspended for six months.
Shortly thereafter, on 19 August 1982, you were convicted by
summary court-martial (SCM) of wrongful possession of cocaine.
You were sentenced to restriction for 60 days, hard labor for 45
days, reduction to paygrade E-1, and a $367 forfeiture of pay.
On 28 August 1982 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse and
frequent involvement of a discreditable nature with military
authorities. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 28 August 1982 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct as evidenced by your
deliberate misconduct and/or actions to be processed for
separation at any cost. On 11 October 1982 the discharge
authority approved this recommendation and directed an other than
honorable discharge, and on 12 October 1982 you were so
discharged.
Although the record reflects you were incorrectly issued a
general discharge certificate, you were properly processed for
separation under other than honorable conditions by reason of
misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to have your
discharge upgraded. 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 two NUPs, two court-martial
convictions, and included drug abuse. Further, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Finally, no discharge is
automatically upgraded due solely to the passage of time or an
individual's good post service conduct. 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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