DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS”
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03282-09
22 February 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive seesion, considered your
application on 17 February 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
+o establish the existence of probable material error oF
injustice.
You enlisted in the Navy and began a period of active duty on
3 August 1984 at age 18. During the period from 9 March 1985 to
1 March 1986, you received four nonjudicial punishments (NJP’ s)
for three periods of unauthorized absence (UA) totaling 46 days,
two instances of forgery, failure to go to your appointed place
of duty, missing movement, and disobedience. Additionally, after
your second NJP, you were counseled and warned that further
misconduct could result in administrative discharge action. On
24 March 1986, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On 27
March 1986, your commanding officer forwarded his recommendation
that you be discharged under other than honorable, conditions by
reason of misconduct. On 2 April 1986, the separation authority
directed an other than honorable discharge by reason of
misconduct. On 11 April 1986 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 concluded
these factors were not. sufficient to warrant recharacterization
of your discharge given your record of four NUJP’s, two of which
were 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 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,
TA QDS Ae
Peew__W. DEAN EILFFER
Executive Director
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