DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 4731-09
13 April 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 13 April 2010. 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 reenlisted in the Navy on 4 May 1984 after four years of
prior honorable service. You continued to serve without
disciplinary infraction until 25 November 1985, at which time you
were apprehended by civil authorities on charges of domestic
violence and resisting arrest. Shortly thereafter, on 6 December
1985, you received nonjudicial punishment (NJP) for two periods
of absence from your appointed place of duty.
During the period from 30 July to 18 September 1986 you received
NJP on two more occasions for dereliction of duty and failure to
pay just debts. You were also convicted by civil authorities of
unlawful issuance of bank checks. Subsequently, you were
processed for an administrative separation action by reason of
misconduct due to a pattern of misconduct and commission of a
serious offense. The discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 5 February 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 prior honorable service and desire to upgrade your
discharge. 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
three NJPs and a civil conviction. 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 P I E
Executive ctor
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