DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 10704-08
27 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 27 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 2 October 1981, and served without
disciplinary incident until 21 December 1982, when you received
nonjudicial punishment (NUJP)} for unauthorized absence (UA) and
disrespect toward a petty officer.
Shortly thereafter, you received the following NUP’s: on 11 May
1983, for assault and communicating a threat; on 10. November
1983, for dereliction of duty; on 15 March 1984, for assault and
disrespect toward a commissioned officer; and on 5 April 1984,
for disrespect toward a petty officer. Therefore, on 10 April
1984, you were recommended for separation with an other than
honorable (OTH) discharge due to your misconduct. You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). On 20 April 1984, the
separation authority approved the request and on 7 May 1984, you
were separated 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 ig no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. The Board noted you waived your 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,
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