DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4237-09
12 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 3 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
2 October 1981 at the age 22. On 21 January 1985, you received
nonjudicial punishment (NUP) for a four day period of- unauthorized
absence (UA) from your unit, three instances of dereliction of
duty and using the government long distance telephone service for
personal calls. On 15 March 1985, you received NJP for VA from
your unit, two instances of UA from your appointed place of duty,
and three instances of disobeying a lawful order. On 25 June
1985, administrative discharge action was initiated by reason of
misconduct due to frequent involvement of a discreditable nature
with civil or military authority. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 1 July 1985 your
commanding officer forwarded the recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 3 July 1985, you received NJP for a three day
period of UA from your unit. On 12 July 1985, the separation
authority directed an OTH discharge for frequent involvement of a
Giscreditable nature with civil or military authority. On 22 July
1985, you received NIP for a seven day period of UA from your
unit. On 22 July 1985 you were discharged for a pattern of
misconduct, frequent involvement of a discreditable nature with
civil or military authority.
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 the seriousness of your misconduct that
resulted in four NOPs, two of which were after you were notified
administrative discharge action had been initiated against you.
The board noted you waived your 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.
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,
Executive Dil
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