DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 60354-09
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
21 February 1974, at age 18. Between 16 August 1974 to
14 December 1976, you received ten nonjudicial punishments
(NJP’s) for sleeping on post on three occasions, being in an
unauthorized absence (UA) status on two occasions totaling 11
days, incapacitation for performance of duties, disobeying a
lawful order on two occasions, disobedience of a superior.
commissioned officer, disobeying a superior senior non-
commissioned officer (SNCO} on two occasions and breaking
restriction on two occasions. You were counseled and warned
after your eight NUP that further misconduct could result in an
administrative discharge under other than honorable conditions.
Administrative discharge action was initiated by reason 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. On 1 February 1984, you were
so discharged. At that time you were assigned an RIn-4
reenlistment code. ,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
test scores 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 ten NUP’s, and the fact that you were counseled
and warned of the consequences of further misconduct, and still
committed additional offenses. 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,
\eQeu SS
W. DEAN PFE
Executive Dir
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