DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SJN
Docket No: 06977-08
22 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 19 May 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
27 February 1975 at age 18. During the period from 18 December
1986 to 14 September 1987, you received five nonjudicial
punishments (NJP’s) for four periods of unauthorized absence (UA)
totaling 13 days, provoking speeches and gestures, drunk and
disorderly conduct, wrongful use of marijuana, disrespect, and
two instances of insubordinate conduct. Additionally, you were
counseled and warned that further misconduct could result in
administrative discharge action.
On 6 October 1987, administrative discharge action was initiated
by reason of misconduct due to commission of a serious offense.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative board (ADB). You
elected only to obtain copies of documents supporting the basis
for separation.
On 9 October 1987, your commanding officer recommended discharge
by reason of misconduct, with an under other than honorable
conditions characterization of service. On 16 November 1987 the
discharge authority directed an other than honorable discharge by
reason of misconduct.
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 recharacterization
of your discharge given your five NJP’s. Additionally, the Board
noted that you received one of these NUJP’s after you were
counseled and warned of the consequences of further misconduct.
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,
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