DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 10573-08
21 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 13 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 24 January 1978, and served without
disciplinary incident until 29 March 1979, when you received
nonjudicial punishment (NJP) for unauthorized absence (UA).
Shortly thereafter, you received the following NUP’s: on 19 April
1979, for UA; on 22 August 1979, for UA, making a false official
statement, and failure to pay just debts; on 5 October 1979, for
two specifications of failure to obey a lawful order; on 11 March
1980, for loss of government property; on 15 May 1980, for UA and
dereliction of duty; and on 5 November 1980, for UA. In
addition, on 24 November 1980, you were convicted at a summary
court-martial for stealing and cashing a check for $30.00.
Therefore, you were recommended for separation with an other than
honorable (OTH) discharge due to your pattern of misconduct. The
separation authority approved the recommendation, and on 28
November 1980, you were separated from naval service 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 and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. 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,
lees
W. DEAN PF iF
Executive 01
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