DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TOR
Docket No: 5380-08
8 April 2009
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 7 April 2009. The names and votes of the
members of the panel will be furnished upon request.
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 on 18 December 1978 at age 17 and served
for nearly a year and seven months without disciplinary incident.
However, during the period from 14 to 25 August 1980 you received
nonjudicial punishment (NJP) on three occasions for two periods
of unauthorized absence (UA) totalling 28 days, disrespect, two
specifications of disobedience, absence from your appointed place
of duty, and failure to cooperate.
On 26 August and again on 11 September 1981, you received NUP for
a one day period of UA, two specifications of dereliction of
duty, disobedience, and disrespect.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to.frequent involvement of a
discreditable nature with military authorities. On 14 September
1981, after consulting with legal counsel, you waived your right
to present your case to an administrative discharge board (ADB).
On 15 September 1981. your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities as evidenced by five NUPs. On 22
September 1981 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
16 October 1981, 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 and desire to upgrade your discharge. It also
considered your assertions that you were not afforded certain
rights, denied transfers, the subject of racism, and punished for
not reporting the use of drugs. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in five NUJPs.
Further, you were given an opportunity to defend yourself and
possibly obtain a better characterization of service, but waived
your procedural right to present your case to an ADB. Finally,
there is no evidence in the record, and you provided none, to
support your assertions. Accordingly, your application has been
denied.
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 PFE
Executive D
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