DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10123-07
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 1 March 1982, you enlisted in the Navy at age 19. On
14 December 1983, you had nonjudicial punishment (NJP) for use
of marijuana and you subsequently referred yourself to alcohol
abuse counseling. On 19 December 1983, 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 12 April 1984, you were convicted in civil court of reckless
driving and fleeing or attempting to elude police. On
30 May 1984, you were counseled regarding deficiencies in your
performance and conduct and warned that further infractions
could result in an OTH discharge. On 12 July 1984, you had NJP
for willful disobedience of a lawful order, disrespect, use of
provoking speech or gestures, and communicating a threat.
Based on the information currently contained in the record, on
12 July 1984, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of
misconduct. It appears that 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 July 1984, the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to a
pattern of misconduct. On 6 August 1984, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. The Board also considered
your contention that personal problems may have attributed to
your misconduct. Nevertheless, the Board concluded that these
factors and contention were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct that continued after you were repeatedly warned
that further infractions could result in an OTH discharge.
Furthermore, personal problems do not excuse misconduct. 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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