DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 10981-07
21 August 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 20 August 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 comscientious consideration of the emtire
record, the Board fond the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 26 September 1983] you enlisted in the Navy at age 21.
During the period 4 dctober 1984 to 9 April 1986, you had three
nonjudicial punishments (NJP's). Your offenses included use of
marijuana, assault, and failure to obey a lawful order. On
3 August 1987, you were counseled regarding deficiencies in
your performance and |conduct, and warned that further
infractions could regult in an other than honorable (OTH)
discharge. On 7 Octdber 1987, you had NUP for failure to go to
your appointed place jof duty and sodomy.
On 16 October 1987, your commanding officer initiated
administrative separaltion by reason of misconduct due to a
pattern of misconduct|, commission of a serious offense, and
drug abuse. 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 29 October 1987, you
had NUP for failure|to go to your appointed place of duty. On
13 January 1988, the separation authority approved the
discharge recommendation and directed an OTH discharge by
reason of misconduct! due to a pattern of misconduct. On
22 January 1988, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed aljl potential mitigation, such as your youth.
The Board also consildered your explanation of events.
Nevertheless, the Bdard concluded that these factors and
explanation were not) sufficient to warrant recharacterization of
your discharge due tlio your misconduct that continued even 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 changel 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 recor@, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
Ve XS fe
ROBERT D. SALMAN
Acting Executive Director
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