DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 10122-07
26 June 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 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.
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.
On 23 November 1981, you enlisted in the Navy at age 17 with
parental consent. On 13 August 1982, you had nonjudicial
punishment (NJP) for two instances of failure to go to your
appointed place of duty. On 29 September 1982, you were
counseled regarding deficiencies in your performance and
conduct and warned that further infractions could result in
disciplinary action or an other than honorable (OTH) discharge.
On 1 October 1982, you had NUP for use of marijuana and
possession of drug paraphernalia. You were subsequently
evaluated and received treatment for substance abuse.
On 10 November 1982, you were counseled regarding deficiencies
in your performance and conduct and warned that further
infractions could result in disciplinary action or an OTH
discharge. During the period 12 November 1982 to
18 February 1983, you had three NUP's. Your offenses included
disrespect, willful disobedience of a lawful order, a 17 day
period of unauthorized absence, failure to go to your appointed
place of duty, and dereliction in the performance of your
duties.
On 24 March 1983, your commanding officer initiated
administrative separation by reason of misconduct due to a
pattern of misconduct. In connection with this processing, you
acknowledged that separation could result in an OTH discharge
and waived the right to have your case heard by an
administrative discharge board (ADB). On 21 April 1983, you
completed alcohol rehabilitation treatment. On 2 May 1983, the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to a
pattern of misconduct. On 12 May 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
desire for a better discharge, and alcohol abuse. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to the
seriousness of your misconduct that continued after you were
warned that further infractions could result in an OTH
discharge. The Board also noted that you waived the right to
have your case heard by an ADB, your best opportunity for
retention or a more favorable characterization of service.
Therefore, 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.
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,
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