DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
TOR
Docket No: 11345-07
19 November 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 18 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 on 3 August 1976 at age 18 and began a
period of active duty on 1 September 1976. You served for a year
and six months without disciplinary incident, but during the
period from 8 March to 3 November 1978 you received nonjudicial
punishment (NIP) on five occasions. Your offenses were three
specifications of disobedience, disrespect, five specifications
of dereliction of duty, three periods of absence from your
appointed place of duty, and a three day period of unauthorized
absence (UA). On 15 December 1978 you were convicted by summary
court-martial (SCM) of a 66 day period of UA and sentenced to a
$200 forfeiture of pay. You were also recommended for an
administrative separation.
On 6 February 1979 you received NIP for a 44 day period of UA and
were awarded extra duty for 45 days and a $400 forfeiture of pay.
On 7 February 1979 you were notified of pending administrative
discharge action by reason of misconduct due to frequent
involvement of a discreditable nature with military or civilian
authorities. After consulting with legal counsel, you waived
your right to present your case to an administrative discharge
board (ADB). However, you submitted a written statement in which
you provided an explanation and an apology for your misconduct,
and requested a general discharge. Nonetheless, your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to frequent involvement of
a discreditable nature with military or civilian authorities.
The discharge authority approved this recommendation and directed
separation under honorable conditions by reason of misconduct and
on 23 February 1979 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to have your discharge upgraded so that you
may obtain employment. It also considered you assertion that you
went UA because you were lied to and denied leave. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct, which resulted in six NJPs anda
court-martial conviction, and included two lengthy periods of UA.
Finally, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
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,
W. DEAN P ER
Executive ctor
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