DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
REC
Docket No: 02594-09
25 March 2010
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 24 March 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
5 August 1980, at age 17. On 31 May 1983, you received
nonjudicial punishment (NUP) for three periods of unauthorized
absence (UA). On 13 August 1983, you received NUP an additional
period of UA totaling nine days. On 20 August 1983, you received
Nop for failing to report to your appointed place of duty. On 10
October 1983, you received NUP for being disrespectful in
language toward a military policeman, resisting arrest,
disorderly conduct and assault. On 7 December 1983,
administrative discharge action was initiated by reason of
misconduct. Your case was heard by an administrative discharge
board (ADB), which voted three to zero in favor of an under other
than honorable discharge for frequent involvement of a
discreditable nature with military authorities. Your commanding
officer concurred with the ADB’s findings and forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of frequent involvement. On 7 February
1984, you were so discharged. At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, 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 four
NJP’s. 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,
Mut
W. DEAN P R
Executive Bitector
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