DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08384-08
29 July 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 21 July 2009. Your allegations of error and
- injustice weré’ 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 Reserve and began a period of active
duty on 3 August 1983. On 18 August and 12 October 1984, you
were administratively counseled for unauthorized absence (UA),
unauthorized exchange of duty and reporting to work late. You
were warned that further misconduct could result in
administrative discharge action. During the period from 2
November 1984 to 26 April 1985, your received four nonjudicial
punishments (NJP‘s) for two periods of UA totaling 14 days,
absence from your appointed place of duty, and possession of an
illegal knife.
On 25 April 1985, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB}. On 3 May 1995, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable conditions by reason of misconduct. On 5 May 1985, the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 13 May 1985 you were so discharged.
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 record of four NJP’s and the fact
that you were counseled and warned, on more than one occasion,
concerning 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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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 on 1 October 1981 at age 17 with parental consent and served without incident...
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 REC Docket No: 05417-09 27 October 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 7 October 2009. Documentary material considered by the Board...
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