DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 05417-09
27 October 2009
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 7 October 2009. 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
récord, 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 .
31 March 1981, at age 19. During the period from 7 April 1982 to
19 September 1984, you were convicted by two special court-
Martials (SPCM’s) for unauthorized absence (UA) for a period
totaling 120 days and failure report to your appointed place of
duty, and received three nonjudicial punishments (NUP‘’s) for
absence from your place of duty, missing ship’s movement, failure
to report to your appointed place of duty and UA. You were
counseled and warned that further misconduct could result in
administrative discharge action.
On 10 October 1984, administrative discharge action was initiated
by reason of misconduct due to a pattern of misconduct commission
of a serious offense. Your case was heard by an administrative
discharge board (ADB), which voted three to zero in favor of an-
other than honorable discharge. Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. On
18 October 1984, the discharge authority directed an other than
honorable discharge by reason of misconduct. On 14 February
1985, you were so discharged. At that time you were assigned an
RE-~4 reenlistment code,
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 changing the reason
or characterization of your discharge, given your record. of three
NJP’s, and two SPCM’s, and the fact that you were counseled and
warned of the consequences of further misconduct, and still
committed more offenses. 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 Direc
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