DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05445-09
16 April 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 14 April 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 reenlisted in the Navy on 12 November 1983. On 20 September
1984, you received nonjudicial punishment (NJP) for the
possession and use of marijuana. On 21 February 1985, you
received NIP for two occasions of sexually harassing a female
Sailor, assaulting a Sailor and orally communicating language of
a sexual nature to a female Sailor. You were counseled and
warned that further misconduct could result in administrative
discharge action. On 13 June 1985, you received your second NJP
for the use of a controlled substance, marijuana. On 29
September 1986, you commenced a period of unauthorized absence
(UA) and failed to return to your command until 1 October 1986.
Subsequently, you submitted a request for an administrative
discharge in order to avoid trial by court-martial for the period
of UA. Your request for discharge was granted and on 16 October
1986, you received an other than honorable discharge in lieu of
trial by court-martial. Asa result of this action, you were
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
»
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 because of the seriousness of your misconduct.
The Board believed that considerable clemency was extended to you
when your request for discharge was approved. The Board also
concluded that you received the benefit of your bargain with the
Navy when your request for discharge was granted and should not
be permitted to change it now. Further, you are advised that
there is no provision in the law or Navy regulations that allow
for recharacterization of your discharge automatically due solely
to the passage of time. 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,
Wass
W. DEAN R
Executive ckor
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