DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 09323-08
11 February 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 10 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 11 February 1981 at age 30. Your
records show that you had prior honorable service in the Marine
Corps from January 1968 to April 1970 and in the Marine Corps
Reserve from April 1970 to January 1974 and again from February
1975 to February 1981.
When you enlisted in the Navy you were obligated to serve on
active duty for four years. Unfortunately you only served a
little over two years and six months and were administratively
separated with an other than honorable discharge (OTH) due to
frequent acts of misconduct. More specifically, between
February 1981 and August 1983 you received four nonjudicial
punishments (NUJPs) for unauthorized absence, dereliction of
duty, being disrespectful to a superior, drunk and disorderly
conduct, communication of a threat and disobedience of orders.
After your fourth NJP when you were informed that you were being
recommended for an OTH you waived your right to a hearing where
you would have been represented by a lawyer and could have
argued for retention or a better discharge.
Based upon your repeated acts of misconduct which occurred over
a relatively short period of time and your apparent willingness
to accept an OTH the Board concluded that your discharge was
proper as issued and should not be changed now as a matter of
clemency.
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,
W. DEAN PF’
Executive Di
Enclosure
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