DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZA:ecb
Docket No. 10020-0608
27 August 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 25 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. It also considered the decision of
the Navy Discharge Review Board dated 18 January 1988, a copy of
which is attached.
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 29 September 1976 for four years.
Unfortunately you only served a little over one year when you
were discharged because of frequent acts of misconduct.
Specifically between July and October of 1977 you received three
nonjudicial punishments for three periods of unauthorized
absence totaling over 42 days. As a result you were notified
that you were being considered for administrative separation due
to frequent acts of misconduct. After conferring with a
military lawyer you offered to waive your right to a hearing
provided you received no less than a general discharge. Naval
authorities accepted your offer and you received a general ~
discharge on 18 October 1977.
In its review of your application the Board considered the
contentions of your counsel regarding the circumstances
surrounding your disciplinary actions as well as your post
service conduct. Nevertheless the Board concluded that such
. Matters could not overcome your repeated disciplinary
s-infractions which you were mentally and legally responsible for
‘and which occurred over a relatively short period of time.
Indeed the Board believed considerable clemency was shown to you
when authorities accepted your offer to waive a hearing if you
received a general discharge since it is the Board's experience
that service members with disciplinary records such as: your
_ xoutinely receive other than honorable discharges which results
in a loss of benefits administered by the Department of Veterans
Affairs. With a general discharge you suffer no such loss.
Clearly your discharge was proper as issued and the Board finds
that no additional clemency is warranted over and above that
shown to you at the time you were discharged.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
reguest.
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 PFE
Executive Ditec
Enclosure
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