DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 10853-08
26 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 and medical records,
and applicable statutes, regulations and policies.
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. The Board found that you entered active
duty in the Navy on 15 August 1977. You received nonjudicial
punishment (NJP) on eight occasions for seven instances of
absence from duty muster, disobeying a lawful order from a
petty officer, an unauthorized absence of about one day,
wrongful possession of marijuana, hashish and drug
paraphernalia, absence from your appointed place of duty,
disrespect to a superior commissioned officer and two petty
officers, and attempting to break restriction. On
7 January 1980, after four NUP’s, you were warned that further
misconduct could result in an administrative discharge.
On 2 April 1980, you were recommended for an other than
honorable (OTH) discharge due to misconduct. You waived all of
your rights, including the right to an administrative discharge
board (ADB). The separation authority approved your commanding
officer’s recommendation. On 15 May 1980, you received the OTH
discharge for a pattern of misconduct (frequent involvement of
a discreditable nature with military authorities), and an RE-4
reenlistment code.
- The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and
current desire to improve your life. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
changing your OTH discharge because of your numerous acts of
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. In view of the above, 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,
\Sou ,
W. DEAN PFE
Executive Di tor
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