DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
£ WASHINGTON DC 20370-5100
SIN
Docket No: 02439-0609
i9 January 20120
"
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 ches tietiber panel of the Board for Correction of Naval
Records, sitting in executive session, considered your ,
application on 12 January 2010. 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
3 November 1980 at age 18. On 27 August 1981 and 17 August 1982,
you received nonjudicial punishment (NUP) for possession of
Marijuana, leaving your place of duty, and unauthorized absence
{UA} for a period of 19 days. You were counseled and warned that
further misconduct could result in administrative discharge
action. On 9 February 1983, you were convicted by special court-
martial (SPCM) of 33 days of UA. On 5 May and 28 September 1983,
you received NUP for a period of UA, disrespect, breach of the
peace, use of provoking speech, and drunk and disorderly conduct.
On 14 January 1984, 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).
Additionally, you submitted a request for an other then honorable
(OTH) discharge at the earliest convenience. Your commanding
officer forwarded his recommendation that you be discharged under
other than honorable conditions by reason of misconduct. On 28
January 1984, the discharge authority directed an OTH discharge
by reason of misconduct. You were discharge on 3 February 1984.
t
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of four NUJP's, conviction by SPCM for
a lengthy period of UA, the fact that you were counseled and
warned, on more than one occasion, of the consequences. of further
misconduct, and your request for an OTH discharge. Finally, the
Board 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.
\e8
\Sreas “DEAN PFEI
Executive Di
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