DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09872-07
26 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 25 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
12 September 1980 at age 19. During the period from 14 May 1981
to 10 June 1982, you received four nonjudicial punishments
(NJP’s) for larceny, breach of the peace, assault with intent to
inflict grievous bodily harm, misbehavior of a sentinel, and
breaking restriction. On 24 June 1982, you were counseled and
warned that further misconduct could result in administrative
discharge action. However, on 9 July 1982, you received a fifth
NIP for unlawful entry.
On 29 July 1982, 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). The discharge
authority then directed discharge under honorable conditions by
reason of misconduct. You were so discharged on 19 August 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 five NUP’s, one of which was imposed
after 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, and 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. 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,
Do S=.01
W. DEAN BD
Executive Direc
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