DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1750-02
11 January 2010
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 6 January 2010. 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 25 November 1977 at age 17. You
served for a year and eight months without disciplinary incident
but on 2 and 16 July 1979 you received nonjudicial punishment
(NJP) for two periods of absence from your appointed place of
duty, failure to obey a lawful order, and sleeping on watch.
“During the period from 26 April to 18 September 1980 you received”
NJP on three more occasions for failure to go to your appointed
place of duty, three periods of absence’ from your appointed place
of duty, and assault.
On 29 September and 24 November 1981 you received NIP for absence
from your appointed place of duty, sleeping on watch, and other
unspecified offenses. On 23 February 1982 you were convicted by
special court-martial (SPCM). However, the record does not
reflect the offenses for which you were found guilty or the
sentence of the SPCM.
On 2 September 1982, upon completion of your required active
service, you were released from active duty under honorable
conditions. On 10 December 1983, at the expiration of your
enlistment, you were erroneously issued an honorable discharge
certificate.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade the characterization of your
release from active duty, and the passage of time. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your separation because of the seriousness
of your repetitive misconduct which resulted in seven NJPs and a
SPCM. Further, the Board noted that your record incorrectly
reflects an honorable characterization of service at the time of
your discharge and concluded that the release from active duty
was proper in spite of this error. Finally, Sailors with an
extensive record of misconduct, such as yours, normally receive
discharges under other than honorable conditions, and as such the
Board noted that you were fortunate to receive a general
characterization of service. 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,
Weak al
W. DEAN P
Executive réctor
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