DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 6540-08
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
8 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 18 August 1982, you enlisted in the Navy at age 19. On
29 May and 5 June 1984, you had nonjudicial punishment (NUP)
for a brief instance of unauthorized absence (UA), making a
false official statement, and three instances of negligently
failing to record temperatures. On 5 June 1984, you were counseled
regarding deficiencies in your performance and conduct, and warned
that further infractions could result in disciplinary action or an
other than honorable (OTH) discharge. On 25 September 1984, you had
NJP for a brief instance of UA. On 27 September 1984, you were
counseled regarding deficiencies in your performance and conduct,
and given another discharge warning. On 24 September 1985 and
25 February 1986, you had NUP for two instances of disrespect,
assault, and disobedience of a lawful order.
On 26 February 1986, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct.
In connection with this processing, you acknowledged that separation
could result in an OTH discharge and waived the right to have your
case heard by an administrative discharge board (ADB). On
2 March 1986, the separation authority approved the recommendation
and directed an OTH discharge by reason of misconduct due to a
pattern of misconduct. On 10 March 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your belief that characterization of
service is supposed to change after six months. Nevertheless, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your service due to the seriousness of your
misconduct that continued even after you were warned that further
infractions could result in an OTH discharge. Furthermore, there is
no provision in the law or regulations that allow 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 Diteéector
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