DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2687-08
20 November 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
19 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.
On 18 September 1979, you enlisted in the Navy at age 18. On
24 March 1980 and 16 January 1981, you had nonjudicial punishment
(NJP) for failure to go to your appointed place of duty and three
instances of unauthorized absence (UA) totaling about 16 days.
On 16 January 1981, you were counseled regarding deficiencies in
your performance and conduct and warned that further infractions
could result in an other than honorable (OTH) discharge. On
10 February 1981, you had NUP for 12 instances of absence from your
appointed place of duty and you were warned that further infractions
could result in an OTH discharge. On 2 March 1981, you had NUP for
18 instances of absence from your appointed place of duty and were
warned again that further infractions could result in an OTH
discharge. On 20 May 1981, you had NUP for a seven day period of UA
and were warned again that further infractions could result in an OTH
discharge. On 27 May 1981, you had NUP for seven instances of
absence from your appointed place of duty and sleeping on watch.
On 27 May 1981, your commanding officer initiated administrative
separation by reason of misconduct due to frequent discreditable
involvement. 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 an honorable discharge. On
6 June 1981, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of misconduct
due to frequent discreditable involvement. On 12 June 1981, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
passage of time, and desire for a better discharge. 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 an OTH discharge. You are advised that
there is no provision in the law or regulations that allows for
recharacterization of service due solely to the passage of time. 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,
W. DEAN PFET
Executive Di
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