DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
; 2 NAVY ANNEX ;
_ WASHINGTON DC 20370-5100 |
TIR -
Docket No: 1634-09
18 November 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 17 November 2009. The names and votes of the
members of the panel will be furnished upon request. 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 on 18 July 1983 at age 18. You served
without disciplinary incident until 30 January 1984, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful order. ‘On 3 and 17 April 1985 you received NUP for
disrespect, three specifications of disobedience, making a false
official statement, three specifications of dereliction of duty,
and two periods of failure to go to your appointed place of duty.
On 5 May 1975 you were. convicted by summary court-martial (SCM)
of disrespect and disobedience, and sentenced to restriction for
45 days and a $300 forfeiture of pay.
On 15 May 1985 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
and a pattern of misconduct. After consulting with legal
counsel, you waived your right to present your case to an
administrative discharge board (ADB) but submitted a written
request for a general discharge. On 17 May 1985 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to frequent involvement of
a discreditable nature with military authorities and a pattern of
misconduct. On 25 May 1985 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
7 June 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially. mitigating factors, such as
your youth, letter of explanation regarding your discharge, and
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in three NUPs and a
court-martial conviction. Accordingly, your application has been
denied.
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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