DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8590-08
21 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 21 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 and health records, applicable
statutes, regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 24 September 1983. On 19 May 1983, you
received nonjudicial punishment (NJP) for willfully disobeying a
lawful order. On 20 August 1983, you received NJP for
unauthorized absence (UA), failure to go to your appointed place
of duty, and failure to obey a lawful order. On
15 September 1983, you received NUP for failure to obey a lawful
order. On 21 March 84, you were referred to a special court-
martial for conspiracy, disrespect, and assault. On 3 August
1984, you were counseled regarding UA and disobeying lawful
orders, and warned that further misconduct could result in
disciplinary action or administrative separation. On
23 August 1984, you received NUP for disobeying a lawful order
and disorderly conduct. On 13 September 1984, you received NJP
for communicating a threat. On 14 September 1984, your
commanding officer (CO) informed you that he was recommending
that you be administratively separated with an other than
honorable (OTH) discharge for frequent involvement of a
discreditable nature with military authorities. You waived all
of your procedural rights, including your right to present your
case to an administrative discharge board (ADB). On
8 November 1984, you received an adverse performance evaluation.
Your CO's recommendation was approved, and on 3 December 1984,
you received an OTH discharge for frequent involvement of a
discreditable nature with military authorities, and were
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
current medical condition. However, the Board concluded that
these factors were not sufficient to warrant recharacterizing
your OTH discharge because of your commission of very serious
and repetitive misconduct. The Board noted that you waived your
right to an ADB, your best opportunity for retention or a better
characterization of service. In view of the above, 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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