DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100 .
TJIR
Docket No: 7493-08
4 June 2009
haval record pursuant to the provisions of Title io
States Code, Section 1552
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 June 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
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
You enlisted in the Navy on 28 May 1981 at age 18 and served
without disciplinary incident until 18 August 1983, when you
received nonjudicial punishment (NJP) for disrespect, Shortly
thereafter, on 23 August 1983, you received NIP for a four day
period of unauthorized absence (UA) .
On 28 March 1984 you received NJP for a 10 day period of UA and
Missing the movement of your ship. The punishment imposed was a
reduction to paygrade E-2, restriction for 60 days, and a $200
forfeiture of pay. Subsequently, you were notified of pending
administrative separation action by reason of misconduct due to
commission of a serious offense. On 29 March 1984 you waived
your right to consult with legal counsel and to present your case
Co an administrative discharge board (ADB). Nonetheless, on 30
March 1984 you began another period of UA and on 30 April 1984
you were declared a deserter.
On 6 May 1984 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to commission of a serious offense. This recommendation also
noted your erratic performance, contemptuous attitude toward
authority, and declining behavior. On 11 May 1984 the discharge
authority approved this recommendation and directed your
commanding officer to issue an other than honorable discharge by
reason of misconduct. On 22 May 1984, while in absentia, 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 so that you may
obtain veterans’ benefits. It also considered your assertion
that you should have received a medical or psychiatric evaluation
vice a bad discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
resulted in three NJPs. Finally, you were given an opportunity
to defend yourself, but waived your procedural right to present
your case to an ADB. Finally, the Board noted that you were ina
deserter status when discharged from the Navy. 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,
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