DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ~¢
WASHINGTON DC 20370-5150
TAL
Docket No: 06961-09
30 November 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Titie 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 24 November 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
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
12 September 1980 at age 18. On 2 February 1983, you received
nonjudicial punishment (NIP) for a three day period of
unauthorized absence (UA}. On 7 April 1983, you received NJP for
UA from your unit. On 27 May 1983, you received NIP for assault
and disrespectful language. Additionally, you were counseled and
warned after your second NUP, that further misconduct could result
in administrative discharge action. On 2 June 1983,
administrative discharge action was initiated by reason of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 14 June 1983, your commanding officer forwarded
his recommendation that you be discharged by reason of misconduct.
On 27 dune 1983, the separation authority directed a general
discharge by reason of misconduct. On 30 June 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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct, of
which you were counseled and warned concerning the consequences
of further misconduct. The Board noted that you were fortunate
to receive a general discharge since a discharge under other than
honorable conditions is often directed when a Sailor is
discharged for misconduct. Finally, the Board also noted that
you waived the right to an ADB, your best chance 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,
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