DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01156-08
19 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 17 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 on 2 August 1976, and served without
disciplinary incident until 22 June 1977, when you were found
guilty in a civilian court for burglary and possession of an
illegal substance, and on 23 June 1977, you received nonjudicial
punishment (NJP) for possession of marijuana and for having a
firecracker in government quarters.
Shortly thereafter, you were found guilty at the following NUPs:
on 21 October 1977, for the possession of marijuana and for
having a firecracker in government quarters, and on 10 November
1977, unauthorized absence. In addition, on 16 December 1977,
you were convicted at a special court martial for larceny.
On 3 March 1978, you received another NJP for an unauthorized
absence, and on 23 March 1978, you were an unauthorized absentee
and were later declared a deserter. You were apprehended
approximately one year later and in July 1979, you requested a
separation in lieu of a special court-martial for the good of the
service. You were recommended for separation with an other than
honorable (OTH) @Gischarge. On 19 July 1979, the separation
authority approved the recommendations and directed an OTH
discharge, with an RE-4 reenlistment code, and on 24 January
1985, 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,
) b :
. DEAN
Executive D
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