DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
SION
Docket No: 04135-09
11 March 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 March 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
14 August 1984 at age 21. During the period from 1 February 1985
to 12 June 1986, you received three nonjudicial punishments
(NJP’s) for two instances of disrespect, disobedience, two
instances of absence from your appointed place of duty,
dereliction of duty, making a false official statement,
attempting to damage government property, and failure to go to
your appointed place of duty. Additionally, you were counseled
and warned that further misconduct could result in administrative
discharge action. On 23 June 1986, you were convicted by summary
court-martial (SCM) of two specifications of failure to go to
your appointed place of duty. On 29 July 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 13 August 1986, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. On 20 August 1986, the discharge authority directed
an other than honorable discharge by reason of misconduct. On
29 August 1986 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of three NJUP's, conviction by SCM,
and the fact that 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 opportunity. 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.
Consequentiy, 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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