DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 &
SIN c.
Docket No: 03967-08 ts
4 February 2008 y
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 24 January 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Board.
your application,
thereof, your naval record,
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 24 April 1986 at age 17. On
11 June and 16 July 1987, you received nonjudicial punishment
(NJP) for a brief period of unauthorized absence (UA) and a
two-day UA. Additionally, you were given an administrative
counseling warning after your first NUP.
On 30 October 1987, you were convicted by civilian authorities of
possession of narcotic paraphernalia. You were sentenced to one
year of jail and probation. The jail time was suspended for a
period of one year. On 5 November 1987, you received a third NUP
for three brief periods of UA.
On 5 November 1987, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your right to consult with counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB).
On 4 December 1987, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 11 January 1988 the
discharge authority directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. On
27 January 1988 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, overall record of service, and post service
accomplishments. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your record of three NJP’s, two of which were
imposed after you were counseled and warned of the consequences
of further misconduct, and conviction by civil authorities for a
serious offense. Further, you waived the right to an ADB, your
best chance for retention or a better characterization of
service. 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,
\ oe
W. DEAN PFETSF
Executive D Cc
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