DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
ai 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11533-08
5 November 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 28 October 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
28 June 1984, at age 22. On 14 January 1986, you received
nonjudicial punishment (NJP) for disobeying a lawful order, and
incapacitation for the performance of duties through prior
wrongful indulgence in intoxicating liquor or drugs. On 27 May
1986, you received NUP’ for being absent from in your. appointed
place of duty. On 4 September 13986, you received NIP for
dereliction of duty by failing to pick up the commanding officer
as you were assigned to do as the duty driver. You were
counseled and warned that further misconduct could result in
administrative discharge action. On 23 December 1986, you
received NUP for failure to go to your appointed place of duty.
On 19 March 1987, you received NUP for again failure to go to
your appointed place of duty and failure to obey a lawful order
by drinking while on antabuse.
On 22 March 1987, administrative discharge action was initiated
by reason of misconduct due to a pattern of misconduct. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of.
misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct. On 1 March 1987,
you were so discharged. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these, factors were not sufficient to warrant.
changing the reason or characterization of your discharge, given
your record of five NUP’s, and the fact that you were counseled
and warned of the consequences of further misconduct, and still
committed additional infractions. The Board also found that you
waived the 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 willbe 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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