DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8721-07
27 October 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 21 October 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 2 December 1982 at age 20. You
served without disciplinary incident until 23 March 1987, when
you received nonjudicial punishment (NJP) for a 39 day period of
unauthorized absence (UA) and missing the movement of your ship.
The punishment imposed was restriction and extra duty for 30
days, reduction to paygrade E-3, and a suspended forfeiture of
pay. On 8 April 1987 you received NUP for a three day period of
UA, breaking restriction, failure to obey a lawful order, and
missing the movement of your ship. The punishment imposed was
reduction to paygrade E-2 and confinement on bread and water for
three days. The suspended forfeiture of pay awarded on 23 March
1987 was also vacated at that time.
Shortly thereafter, on 17 April 1987, you were notified of
pending administrative separation action by reason of misconduct
due to commission of a serious offense. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). On 29 April 1987
your commanding officer recommended an other than honorable
discharge by reason of misconduct due to commission of a serious
offense. On 12 May 1987 the discharge authority approved this
recommendation and directed discharge under other than honorable
conditions, and on 21 May 1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as the
passage of time, and your youth and desire to upgrade your
discharge so that you may obtain a permit to carry a concealed
weapon as a means of protection for your family. 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 and a
lengthy period of UA. Finally, no discharge is ungraded due
solely to the passage of time. 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,
Prpees
Executive Di ao
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