DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6892-09
13 May 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 12 May 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
18 August 1981 at age 17. You received nonjudicial punishment
(NJP) on five occasions for disobeying lawful orders by
possessing marijuana and under aged drinking, attempting to
falsify a urine sample, destruction of government property and
unauthorized absence (UA) from your unit for a period of 34 days.
You were counseled on three occasions regarding your misconduct
and warned that further offenses could result in administrative
separation. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
The separation authority directed an OTH discharge by reason of
misconduct due to a pattern of frequent involvement of a
disecreditable nature with civil or military authorities.
On 16 September 1983 you were so discharged.
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 recharacterization
of your discharge given the seriousness of your misconduct.
Additionally, the Board noted that you waived the 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,
Te ROS
x
ROBERT D. 4SALMAN
Acting Executive Director
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