DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
a 2 NAVY ANNEX _
WASHINGTON DG 20370-5100
CRS
Docket No; 5447-08
26 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 Codé section 1552,
4
A three-member panel of the Board: for Correction of Naval
Records, sitting in executive session, considered your
application on 30 September 2609. 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 consiGeration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material.
error or injustice.
The Board found that you enlisted in the Navy on L6 November
1981, You received nonjudicial punishment and were convicted by
@ special court-martial and a summary court-martial for offenses
that included three periods of unauthorized absence, drunk on
duty, absence from appointed place of duty, and missing movement.
On 13 July 1983 your commanding officer recommended that you be
separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. After being informed of the recommendation, you
elected to waive the right to present your case to an
administrative discharge board. The recommendation was approved
by the separation authority, and you were discharged under other
than honorable conditions on 12 August 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, family
“problems, and the contention that your discharge was to be
automatically upgraded. The Board concluded that those factors
were insufficient to warrant recharacterization of your discharge
or a change in the reason for discharge, given your disciplinary
record. In this regard, there is no rule or regulation that
provides for the automatic upgrading of discharges. 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,
W. DEAN
Executive tor
Copy to: The American Legion
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