DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 10503-08
5 October 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, sgection 1552. .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 September 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 and began a period of active duty on
13 November 1985 at age 18. During the period from 27 Sune 1986
to 8 January 1987, you received three nonjudicial punishments
(NJP’s} for disobedience, dereliction of duty, three instances of
absence from your appointed place of duty, and nine periods of
unauthorized absences (UA} totaling 60 days. Additionally, you
were counseled and warned, after your First NUP, that further
misconduct could result in administrative discharge action.
On 4 March 1987, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 5 May 1987, an ADB unanimously Found that you had committed
misconduct duce to a pattern of misconduct, but recomnended that
you be retained on active duty. However, your commanding officer
cemaurred with the ADB’s findings of mistscnduch, but forwarded
your cage to the discharge authority recommending that you
receive an other than honoral::: disstharqe. He staiesd, in part,
that since your ADB, you had been late to work, counseled
numerous times for uniform violations, had a complete disregard
for authority, lacked motivation, and were unreliable. On
31 August 1987, the discharge authority directed that you receive
a general discharge by reason of misconduct due to a pattern of
misconduct. On 23 September 1987 you were so discharged.
The Board, in its review of your entire record and 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 any change in your
discharge given your record of three NUP’s. The Board also noted
that you were fortunate to receive a general discharge since a
discharge under other than honorable conditions is often directed
when an individual is discharged for 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,
W. DEAN PFHIF
Executive Ditettor
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