DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7015-09
1 June 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 27 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 ail 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
20 October 1982 at age 21. You received nonjudicial punishment
(NJP) on four occasions for wrongful use of marijuana, three
instances of unauthorized absence (UA) from your unit for a
period totaling 20 days and failure to go to your appointed place
of duty. You were counseled on three occasions regarding your
misconduct and warned that further offenses could result in
administrative separation. On 26 April 1984, 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 misconduct.
On 3 May 1984 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. Finally, no discharge is upgraded
merely because of 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,
Wee
TH OBERT D. Z2SAL
Bering Executive Director
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