DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06863-08
1 May 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 28 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
23 September 1983 at age 18. During the period from 23 June 1984
to 24 June 1985 you received two nonjudicial punishments (NJUP’s)
for five periods of unauthorized absence (UA) totaling 83 days,
missing ship’s movement, and being incapacitated for duty due to
the over consumption of alcohol. Additionally, you were
convicted by summary court-martial (SCM) of a 52 day period of UA
and were counseled and warned that further misconduct could
result in administrative discharge action.
On 24 June 1985, 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
22 July 1985.
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 two NJP’s, one of which was imposed
after you were counseled and warned about the consequences of
further misconduct, and lengthy periods of UA totaling over four
months. The Board also noted that you waived 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,
W. DEAN PFEIFFER
Executive Director
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