DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00057-08
11 December 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 9 December 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
4 August 1978 at age 21. During the period from 4 October 1979
to 26 March 1981, you received seven nonjudicial punishments
(NJP’s) for six periods of unauthorized absence (UA), one of
which was for seven days, 13 instances of failure to go to your
appointed place of duty, two instances of disobedience, and
missing movement.
On 30 March 1981, 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) and submitted a
statement on your behalf. On 31 March 1981, your commanding
officer forwarded your case recommending separation. On 9 April
1981, the discharge authority directed that you be discharged
under other than honorable conditions by reason of misconduct.
You were so discharged on 13 Apri] 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, the character letters accompanying your
application, and post service accomplishments. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge because of the seven NJP’s, one of which
was for the serious offense of missing movement. The Board also
noted that you waived an ADB, your best chance for retention or a
better characterization of service. 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,
Executive Da
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