DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
, Docket No: 2321-08
18 November 2008
This ig 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 13 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 23 June 1982 at age 18. During the
period from 18 May 1985 to 2 September 1985, you received
nonjudicial punishment on two occasions and were convicted by a
summary court-martial. Your offenses were three instances of
disrespect, disobedience, breach of the peace, conspiracy to
provide a false statement, absence from your appointed place of
duty and willful damaging of government property. Based on the
foregoing record, you were processed for an administrative
discharge. In connection with this processing, you elected to
waive the right to have your case heard by an administrative
discharge board. After review, the separation authority approved
your discharge under other than honorable conditions for
misconduct. On 7 September 1985, you received another NUP for
failing to go to your appointed place of duty and disobedience.
The discharge under other than honorable conditions was issued on
4 October 1985.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, initial
period of good service and your contention that you did not
Contest the discharge becaise you were told that it would be
automatically upgraded in six months. The Board found that these
factors and contention were not sufficient to warrant
recharacterization of your discharge given the frequency of your
misconduct. There is no provision in the law or regulations
which would allow for recharacterization of a discharge based
solely on the passage of a period of time. The Board conciuded
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,
ly Dass
W. DEAN PFE
Executive Di t
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