DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-6100
BAN
Docket No: 09317-08
10 August 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 5 August 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 on 27 August 1979, and served without
disciplinary incident until 17 October 1979, when you received
nonjudicial punishment (NJP) for disrespect toward a senior petty
officer, failure to obey a lawful order, and a general orders
violation.
Shortly thereafter, you received the following NUP’s: on 7 May
1980, for an unauthorized absence (UA); on 27 June 1980, for two
specifications of UA; on 30 September 1980, for two
specifications of UA; on 18 October 1980, for UA, and missing
ship’s movement; and on 26 October 1980, for failure to obey a
Lawful order. Additionally, on 7 March 1981, you were convicted
at a special court-martial for UA, disrespect toward a superior
commissioned officer, and disrespect toward a senior petty
officer. Therefore, you were recommended for separation with an
other than honorable (OTH) discharge. The separation authority
approved the recommendation and on 21 August 1981, you were
separated with an OTH discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change to your discharge due to your
serious misconduct. 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,
\s
W. DEAN PF
Executive D
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