DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SUJN
Docket No: 09195-07
3 November 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 28 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 and began a period of active duty on
30 June 1980 at age 18. During the period from 7 May 1981 to
3 August 1983, you received four nonjudicial punishments (NUJP’s)
for five instances of failure to go to your appointed place of
duty, disobedience, and wrongful possession and use of marijuana.
On 23 August 1983, you were notified of pending administrative
Separation action by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult with counsel,
Submit a statement or have your case heard by an administrative
discharge board (ADB). On 24 August 1983, your commanding
officer forwarded his recommendation that you be discharged under
other than honorable conditions by reason of misconduct. On
31 August 1983, the discharge authority directed an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct. On 9 September 1983 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, the character letter accompanying your
application, and post service accomplishments. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of three
NJP’s, one of which was for drug abuse. Further, you were
counseled and warned of the consequences of further misconduct.
Finally, you waived the right to 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,
Sere
W. DEAN PF
Executive r
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