DEPARTMENT OF THE NAVY
BOARD FOR/CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket! No: 09916-07
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 execlitive 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
27 July 1979 at age 18. During the period from 2 January 1981 to
28 October 1981 you received three nonjudicial punishments
(NJP’s) for dereliction of duty, sleeping on watch,| a one day
unauthorized absence (UA), disobedience, and two brief periods of
UA. Additionally, you were counseled and warned that further
misconduct could result in administrative discharge) action.
However, on 27 January 1982, you received a fourth NUP for two
instances of dereliction of duty, two instances of disobedience,
and uttering a check without sufficient funds.
On 29 January 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). fhe discharge
authority then directed discharge under other than honorable
conditions by reason of misconduct. You were go discharged on
16 February 1982. |
The Board, in its review of your application, carefl
all potentially mitigating factors, such as your you
overall record of service. Nevertheless, the Board
these factors were not sufficient to warrant any ch
discharge because of the four NJP's, one of which w
after you were counseled and warned about the conse
further misconduct. The Board also noted that you
your best chance for retention or a better characte
service. Accordingly, your application has been de
names and votes of the members of the panel will be
upon request. |
It is regretted that the circumstances of your case
favorable action cannot be taken. You are entitled
Board reconsider its decision upon submission of ne
evidence or other matter not previously considered
In this regard, it is important to keep in mind tha
presumption of regularity attaches to all official
Consequently, when applying for a correction of an q
record, the burden is on the applicant to demonstra
existence of probable material error or injustice.
Sincerely,
Lo Den
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