DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02963-09
8 January 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 16 December 2009. 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
10.Seprember,.1980..at age 18. On 22 October 1981, you received
“non yudicial punishment (NOP) for assault and a six day period of
unauthorized absence (UA) from your unit. On 18 January 1984, ~
you received NUP for failure to obey a lawful order and UA Erom
your appointed place of duty. On 7 March 1984, you received NJP
for two instances of disrespect to a petty officer. You were
then counseled and warned that further misconduct could result in
administrative separation. On 14 March 1984, you received NUP
for disrespect to a petty officer, assault and failure to obey a
lawful order. On 3 April 1984, you received NUP for four
instances of failure to obey a lawful order. On 15 March 1984,
you were notified of a proposed administrative discharge under
other than honorable (OTH) conditions by reason of misconduct due
to frequent involvement of a discreditable nature with civil or
military authorities. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). On 29 March 1984, your commanding officer
forwarded his recommendation that you be discharged under OTH
conditions by reason of misconduct. On 11 April 1984, the
separation authority directed an OTH discharge by reason of
misconduct. On 23 April 1984 you were so discharged.
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 recharacterization
of your discharge given your record of five NUP’s, three of which
were imposed after you were counseled and warned of the
consequences of further misconduct. 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.
Sincerely,
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