DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03605-08
23 March 2009
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 17 March 2009. 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 and began a period of active duty on
2 January 1979 at age 17. During the period from 18 April to
4 October 1979 you received three nonjudicial punishments (NJUPs)
for absence from your appointed place of duty, four periods of
unauthorized absence (UA) totaling 14 days, missing movement,
disobedience, and four instances of wrongful appropriation. On
10 March 1980, you were convicted by special court-martial (SPCM)
of 61 days of UA and breaking restriction. You were sentenced to
confinement at hard labor and a forfeiture of pay.
You were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After being
advised of your procedural rights, you waived the right to an
acininistrative discharge board (ADB). The discharge authority
then directed discharge under other than honorable conditions by
reason of misconduct. You were so discharged on 20 May 1980.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge because of the three NUP’s and conviction by SPCM. The
Board also noted that you waived an ADB, your best chance for
retention or a better characterization
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action cannot be taken. You
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
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,
Executive Dir
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