DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
, WASHINGTON DC 20370-5106
TAL
Docket No: 2982-09.
19 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 5 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
29 June 1978 at age 19. On 13 August 1978, you received
nonjudicial punishment {NJP) for two instances of unauthorized
absence (UA) from your appointed place of duty. On 10 September
1979, you received NIP for UA from your appointed place of duty
and missing ship’s movement. On 20 September 1979, you received
NJP for UA from your appointed place of duty and disobeying a
lawful. order. On 30 October'1979, you received NUP for violation
of a general regulation by possessing marijuana. On 21 March .
1980, you received NUJP for UA from your appointed place of duty
and disrespect toward a superior commissioned officer.
On 26 March 1980, you were notified that administrative
separation action. was initiated by reason of misconduct due to
frequent involvement with military authorities. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 26 March
1980, your commanding officer forwarded his recommendation that
you be discharged under other than honorable (OTH) conditions.
On 21 April 1980 the separation authority directed that you be
separated for misconduct with a general discharge. —
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 the seriousness of your misconduct. The
Board also believed that you were fortunate to receive a general
discharge since a separation under OTH conditions is often
directed when a Sailor is separated for misconduct. Finally, the
Board noted that you waived the right to an ADB, your best chance
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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