DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1913-08
17 October 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 16 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 24 June 1981, you enlisted in the Navy at age 18. During
the period 3 April 1982 to 1 June 1983, you had nonjudicial
punishment (NJP) on four occasions. Your offenses included two
instances of absence from your appointed place of duty, two
brief instances of unauthorized absence (UA), and assault. On
1 June 1983, you were counseled regarding deficiencies in your
performance and conduct and warned that further infractions
could result in disciplinary action or an other than honorable
(OTH) discharge. On 22 July 1983, you had NUP for a two day
period of UA and nine instances of absence from your appointed
place of duty.
On 1 August 1983, your commanding officer initiated
administrative separation by reason of misconduct due to a
pattern of misconduct. In connection with this processing, you
acknowledged that separation could result in an OTH discharge,
waived the right to have your case heard by an administrative
discharge board (ADB), and submitted a statement requesting a
general characterization of service. On 5 September 1983, the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to a
pattern of misconduct. On 15 September 1983, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. The Board also considered
your contention that medical treatment that your mother
received while she was pregnant with you may have contributed
to your misconduct. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct
that continued even after you were warned that further
infractions could result in administrative separation.
Regarding your contention, there is no evidence in the record
to support it. 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 change 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 record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
‘Sincerely,
\ Dead
W. DEAN PF
Executive D or
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