DEPARTMENT OF THE NAVY “
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SIN
Docket No: 01454-09
23 December 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, gitting in executive session, considered your
application on 15 December 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
at age 17. During the period from 7 July 1977 to
24 March 1978, you received six nonjudicial punishments (NJP’ s)
for four periods of unauthorized absence (UA), three instances of
absence from your appointed place of duty, two instances of
disobedience, and wrongful appropriation. Additionally, you were
convicted by summary court-martial (SCM) of three specifications
of absence from your appointed place of duty, four periods of UA,
and unlawful entry. You were sentenced to confinement at hard
labor and a forfeiture of pay.
On 28 March 1978, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement with military authorities. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 18 April 1978, your.
commanding officer forwarded his recommendation that you be
discharged under honorable conditions by ‘reason of misconduct.
q
On 20 April 1978, you received a seventh NJP for absence from
your appointed place of duty and disobedience. On 1 May 1978,
the discharge authority directed a general discharge by reason of
misconduct. On 4 May 1978 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and contention that you accepted a general
discharge with the understanding that it would be upgrade after a
year. Nevertheless, the Board found that these factors and
contention were not sufficient to warrant any change in your
discharge given your record of seven NUP’s, one of which occurred
after you were notified of your pending separation, and
conviction by SCM. The Board also noted that you were fortunate
to receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
discharged for misconduct. Concerning your contention, there is
no evidence in the record to support it, and you submitted no
such evidence. Finally, you are advised that there is no
provision in law or Navy regulations that allow for
recharacterization automatically after a year or due solely to
the passage of time. 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,
\ Sea
W. DEAN DPE
Executive Dil r
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