DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 3139-09
22 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 13 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 17 November 1980, and served without
disciplinary incident until 29 October 1982, when you received
nonjudicial punishment (NUP) for failure to go to your appointed
place of duty and failure to obey a lawful order by drinking on
duty.
Shortly thereafter, you received the following disciplinary
actions: on 5 October 1983, you were convicted in civil court
for driving under the influence of alcohol with a blood alcohol
content of .26; on 1 December 1983, you received NUJP for
disrespect toward a senior petty officer; and on 15 January 1985,
you received NJP for failure to go to your appointed place of
duty, willfully disobeying a commissioned officer and failure to
obey a written order. Therefore, on 3 April 1985, you were
recommended for separation with an other than honorable (OTH)
discharge due to your pattern of misconduct. You were advised of
your procedural rights, and waived your right to an
administrative discharge board (ADB). On 19 April 1985, the
separation authority approved the recommendation and on 30 April
1985, 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 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 allows 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,
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