DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 08389-07
31 July 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 29 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
“Aw
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 29 May 1979 at age 18. During the
period from 14 May 1980 to 19 January 1984, you received four
nonjudicial punishment’s (NJP’s) for insubordinate conduct, two
instances of disobedience, seven periods of unauthorized absence,
resisting arrest, and wrongful use of marijuana. Additionally,
you were counseled and warned after your third NUP, that further
misconduct could result in administrative separation.
On.24 January 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). The discharge
authority then directed discharge under other than honorable
conditions by reason of misconduct. You were so discharged on
9 February 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge because of the four NJP’s, one of which was for drug
use and one of which was 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,
W. DEAN PF
Executive Dil Xx
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