DEPARTMENT OF THE NAVY
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3384-09
28 January 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Eitle 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 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 and began a period of active duty on 21
July 1981 at age 19. On 24 June 1982, you received nonjudicial
punishment (NOP). for authorized absence (UA) from your unit,
disobeying a lawful order and using disrespectful language toward
a superior petty officer. On 24 February 1984, you received NJP
for intent to defraud, wrongful procurement of lawful currency and
unlawfully drafting a forged money order. On 12 August 1984, you
received NUP for UA from your unit and disrespect toward a
superior petty officer. On 13 August 1984, you received NUP for a
five day period of UA from your. unit and missing ship’s movement.
On 20 August 1984, administrative discharge action was initiated
by reason of misconduct due to commission of a serious offense.
You waived your rights to consult counsel, submit a4 statement or
have your case heard by an administrative discharge board (ADB) .
On 23 August 1984, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions due to commission of a serious offense. .On 3
September 1984, the separation authority directed an OTH discharge
by reason of misconduct due te commission of a serious offense.
On 10 September 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 the seriousness of your 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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