DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 7538-08
12 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 9 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 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 existerce of probable material error or
injustice.
You enlisted in the Navy on S October 1981 at age 28 and began a
period of active duty on 5 November 1981. You served without
disciplinary incident until 18 February 1983, when you. were
convicted by special court-martial (SPCM) of wrongful
appropriation and were sentenced to restriction for 45 days and a
$500 forfeiture of pay.
On 3 August and again on 21 November 1984, you received
nonjudicial punishment (NIP) for wrongful use of marijuana,
absence from your appointed place of duty, and falsifying a
muster report.
On 28 November 1984 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and frequent involvement of a discreditable nature
with military authorities. At that time you waived your right to
consult with legal. counsel and to present your case to an
administrative discharge board (ADB). However, on 30 November
1984, you submitted a written reguest for a general discharge and
an explanation regarding your disciplinary infractions. On 7
December 1984 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct. On 24 January 1985 the discharge authority approved
this recommendation, and on 31 January 1985 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, post service conduct, and the passage of time. It
also considered your assertions that you were not advised as to
the consequences of receiving an other than honorable discharge
and that such a discharge should not affect the rest of your
life. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in two NUPs and a court-martial conviction, and included
drug abuse. Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. Finally, no discharge is automatically upgraded due
solely to the passage of time or an individual’s good post
service conduct. Accordingly, your application has been denied.
Tt 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,
\A ry
We Jon Pp E
Executive DiAactor
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