DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08463-07
21 August 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 19 August 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 29 May 1979 at age 18. During the
period from 10 January to 4 December 1981, you received five
nonjudicial punishment’s (NJP’s) for seven instances of absence
from your appointed place of duty, five instances of
disobedience, leaving your place of duty, disrespect, two periods
of unauthorized absence (UA) totaling five days, and dereliction
of duty. Additionally, you were counseled and warned that
further misconduct could result in administrative separation.
On 16 December 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 being advised of your procedural rights, you waived the
right to an administrative discharge board (ADB). On 14 January
1982, you received NUP for disrespect, breaking restriction, and
four days of UA. On 21 February 1982, the separation authority
directed discharge under other than honorable conditions by
reason of misconduct. You were so discharged on 9 March 1982.
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 six NJP’s, one of which was imposed
after you were notified of administrative separation action, and
the fact 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,
ROBERT DW ZSALMAN
Acting Executive Director
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