DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG .
Docket No: 11246-08
3 September 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 2 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 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 29 October 1980. You received nonjudicial
punishment (NJP) on three occasions for three instances of
failure to go to your appointed place of duty, two instances of
willfully disobeying a lawful order, treating a superior petty
officer with contempt, dereliction in the performance of your
duties, and an unauthorized absence (UA) totaling about 40
days. On 14 January 1982, you were counseled regarding your
misconduct and warned that further acts of misconduct could
result in administrative separation. You received two adverse
performance evaluations and were in a UA status for about 11
days for which no disciplinary action was taken. On
5 October 1982, you were notified of pending administrative
separation processing for an other than honorable (OTH)
discharge due to misconduct. You waived all of your procedural
rights, including the right to an administrative discharge
board (ADB). On 29 October 1982, you received the OTH
discharge due to misconduct, and were assigned an RE-4
reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and desire
for a better discharge. Nevertheless, the Board concluded that
these factors were not sufficient to warrant changing your OTH
discharge because of your numerous acts of misconduct and poor
performance. 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,
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