DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05601-08
10 April 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 7 April 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
11 April 1983 at age 21. During the period from 25 June to
19 November 1984 you received four nonjudicial punishments
(NJP'’s) for absence from your appointed place of duty, a brief
unauthorized absence, failure to go to your appointed place of
duty, and obstructing security forces. Additionally, you were
counseled and warned that further misconduct could result in
administrative discharge action.
On 19 November 1984, 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 administrative discharge board (ADB). The discharge
authority then directed discharge under other than honorable
conditions by reason of misconduct. You were so discharged on
2 January 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and belief that your characterization of
service would be upgraded after six months. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge because of the four NUP’s, two of which
were imposed after you were counseled and warned about the
consequences of further misconduct. The Board also noted that
you waived an ADB, your best chance for retention or a better
characterization of service. Further, you are advised that there
is no provision in the law or Navy regulations that allow for
recharacterization automatically after six months or due solely
to the passage of time. 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,
\ Saad l
We se de —
Executive re x
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