DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN .
.Docket No: 11888-08
29 October 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 27 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 consciéntious 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
2 June 1982 at age 19. During the period from 27 January 1983 to
28 April 1984, you received four nonjudicial punishments (NJP’s)
for assault, possession of a false military identification card,
and two periods of unauthorized absence (UA) totaling nine days.
Additionally, you were counseled and warned that further
misconduct could result in administrative discharge action.
You were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After being
advised of your procedural rights, you waived the right to an
administrative discharge board (ADB). On 4 May 1984, your
commanding officer forwarded your case recommending separation.
On 10 May 1984, the separation authority directed discharge under
other than honorable conditions by reason of ‘wisconduct.
However, on Ll May 1984, you received a fifth WJP for a brief UA
and leaving watch. You were so discharged on 16 May 1984.
The Board, in its review of your application, carefully weighed
all potentialiy mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge because of the five NUP's, four of which were imposed
after you were counseled concerning the consequences of further
misconduct. Finally, the Board noted that you waived an ADB,
your best chance for retention or a better characterization Of
service. Accordingly, your application has been denied. The
names and votes of the members a the panei 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,
Ly Yso.. R hes
W. DEAN PPFEI
Executive Di tor
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