DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 9589-07
24 June 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 June 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.
error or injustice.
You reenlisted in the Navy on 21 March 1984 after more than nine
years of honorable service in two prior enlistments. On 16 June
1984 you were advanced to petty officer first class.
Subsequently, you were counseled concerning financial
irresponsibility. On 25 July 1986 you received nonjudicial
punishment for theft of government property from a Marine Corps
Based on the foregoing record of misconduct, you were processed
for an administrative discharge. Although the discharge
processing documentation is not filed in your record, the Board
presumed that you elected to waive the right to have your case
heard by an administrative discharge board. On 1 October 1986
the discharge authority directed discharge under other than
honorable conditions. However, on 2 October 1986 you received
nonjudicial punishment for use of a controlled substance and a
two day period of unauthorized absence. On 3 October 1986 you
were discharged under other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your periods of honorable
service and the documentation you submitted showing that you
became a college graduate in 2005 which suggests that you have
been a good citizen for Many years. The Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your record of serious misconduct. The Board
concluded that the discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans'
benefits based on your period of honorable service. Therefore,
if you have been denied benefits, you should appeal that denial
under procedures established by the Department of Veterans
Affairs.
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 D
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