DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09769-07
21 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 19 November 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 April 1979 at age 18. During the period from 19 June to
21 August 1980, you received three nonjudicial punishments
(NJP's) for three instances of disobedience, resisting
apprehension, drunk and disorderly conduct, and four instances of
absence from your appointed place of duty.
Based on the information currently contained in your record it
appears you were notified of pending administrative separation
action by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. Also, it appears
that after being advised of your procedural rights, you waived
the right to an administrative discharge board (ADB). The
discharge authority then directed discharge under honorable
conditions by reason of misconduct. You were so discharged on
14 November 1980.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant any change in your discharge because of the
three NJP’s. The Board also noted that you were fortunate to
receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
discharged for misconduct. Further, 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,
i
W. DEAN
Executive
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