DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SON.
Docket No: 09578-08
10 August 2009 .
This ig 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 4 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. mo .
You enlisted in the Navy and began a period of active duty on
10 November 1983 at age 20. During the period from 10 January to
5 December 1985, you received three nonjudicial punishments
(NJP's) for six days of unauthorized absence {UA}, missing
movement, dereliction of duty, wrongful use of marijuana, a brief
period of UA, and incapacitation for the proper performance of
duty. Additionally, you were counseled and warned that further
misconduct could result in administrative discharge action.
On 19 December 1985, administrative discharge action was
jmitiated 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).
Your commanding officer forwarded his recommendation that you be
@ischarged under other than honorable conditions by reason of
misconduct. On 6 January 1986, the discharge authority directed
an other than honorable discharge by reason of misconduct. On 7
February 1986 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of three NUP’s, one of which was for drug use, and
two of which were imposed after you were counseled and warned of
the consequences of further misconduct. Further, the Board noted
that you waived the right to an ADB, your best opportunity 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,
/
W. DEAN PF |
Executive D r
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