DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TJR
Docket No: 3199-09
11 March 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 9 March 2009. The names and votes of the
members of the panel will be furnished upon request.
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 18 February 1981 at age 18 and began
a period of active duty on 28 September 1981. You served without
Gisciplinary infraction until 12 March 1984, when you began a
period of unauthorized absence (UA) after being apprehended by
civil authorities in Tijuana, Mexico, on charges of passing
counterfeit currency. On 13 December 1984 you were convicted by
Tijuana civil court of attempting to pass counterfeit currency,
specifically $1,000 in pesos. You were sentenced to confinement
for five years.
On 19 April 1986 you were returned to military custody, thus
ending a 564 day period of UA. Subsequentiy, you were notified
of pending administrative separation action by reason of
misconduct due to commission of a serious offense and civil
conviction. After consulting with legal counsel you elected to
present your case to an administrative discharge board (ADB). On
25 August 1986 you received nonjudicial punishment (NUP) for two
specifications of breach of the peace. In September 1986 an ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to commission of a serious offense.
Your commanding officer, in concurrence with the ADB, also
recommended discharge under other than honorable conditions by
reason of misconduct due to commission of a serious offense. ‘The
discharge authority approved these recommendations and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct due to commission of a serious
offense, and on 20 January 1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to upgrade your
discharge, and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in a conviction by civil
authorities. Finally, no discharge is automatically upgraded due
solely to an individual’s good post service conduct or the
passage of time. Accordingly, your application has been denied.
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,
W. DEAN PFEY
Executive Di
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