DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2. NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00260-09
4 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 21 October 2009. Your allegations of error ana”
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
29 March 1983, at age 17. On 22 March 1984, you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty. On 25 August 1984, you received NUP for a period
Of unauthorized absence (UA). On 7 November 1984, you received
an additional NUP for failure to go to your appointed place of
duty and disobeying a lawful order. You were counseled and
warned that further misconduct could result in administrative
separation. On 4 February 1985, you received NUP for destruction
of government property and being drunk and disorderly. On 10
April 1986, you were convicted by summary court-martial (SCM) for
being in an unauthorized absence (UA) status for a period
totaling 26 days and missing your ship’s movement.
On 23 April 1986, 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 22 May 1986, 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, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the reagon
or characterization of your discharge, given your record of four
NJP’s and one SCM conviction, and the fact that you were
counseled and warned of the consequences of further misconduct,
and still committed additional infractions. The Board also noted
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 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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