DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 2818-09
25 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 21 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 on 28 July 1977, and served without
disciplinary incident until 13 December 1977, when your received
nonjudicial punishment (NJP) for sleeping on watch and
dereliction of duty. Shortly thereafter, you received the
following NJP’s: on 20 February 1978, for being absent from your
appointed place of duty and being incapacitated to stand a proper
watch; on 12 April 1978, for being absent from your appointed
place of duty; on 22 April 1978, for being absent from your
appointed place of duty; on 26 September 1978, for failure to
obey a lawful order by possessing a controlled substance
(Marijuana); on 10 October 1978, for possessing alcohol while
onboard a naval vessel; on 5 February 1979, for an unauthorized
absence, failure to obey a lawful order, wrongful appropriation
and breaking restriction; and on 24 April 1979, for being absent
from your appointed place of duty. Therefore, you were
recommended for separation due to your pattern of misconduct. on
27 April 1979, after seeking counsel, you signed an agreement to
waive your administrative discharge board (ADB) in exchange for a
general discharge. However, your request was disapproved and on
31 May 1979, you received NJP for being absent from your
appointed place of duty. Even though your request for a general
discharge was disapproved, you still waived your right to an ADB.
Therefore, the separation authority approved the recommendation
for an other than honorable (OTH) discharge. On 3 July 1979, you
were separated with an OTH discharge and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to your pattern of
misconduct. Furthermore, the Board found you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. Finally, there is no provision in
the law or regulations that allow for recharacterization of
service 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,
Loa
W. DEAN PFI]
Executive
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