DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00960-08
23 September 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 23 September 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 in March 1984 and served without
disciplinary incident until 25 February 1985, when you received
nonjudicial punishment (NJP) for an unauthorized absence (UA).
Shortly thereafter, you received the following disciplinary
actions: in August 1986, an NJP for the illegal use of drugs,
and on 28 October 1986, disrespect toward a senior commissioned
officer.
On 10 November 1986, you were notified of processing for
administrative separation due to your misconduct. You were
advised of your rights and elected not to consult with counsel.
On 19 November 1986, you were recommended for discharge under
other than honorable (UOTH) conditions. On 6 December 1986, the
separation authority approved these recommendations and directed
a UOTH discharge with an RE-4 reenlistment code, and on 16
December 1986, 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, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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. Di
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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. Shortly thereafter, you received the following disciplinary actions: In October 1986, an NUP for unauthorized absence (UA), in May 1987, another NJP for being UA again, and in September 1987, an NUP for UA and for disobeying a lawful order. Consequently, when applying for a correction of...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2008. On 20 January 1986, you were notified of your processing for administrative separation due to your misconduct with a recommendation for an other than honorable (OTH) discharge. 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 February 2008. 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 three NJPs and included two lengthy periods of UA from the Marine Corps. Consequently, when applying for a correction of an official naval record, the...
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