DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7112-09
18 October 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 22 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 16 November
1976. You received nonjudicial punishment on two occasions and
were convicted by a summary court-martial for offenses that
included an unauthorized absence of 99 days, failure to obey a
lawful order, and absence from appointed place of duty.
On 28 April 1981 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 frequent
involvement of a discreditable nature with military authorities.
On 11 July 1981 you were separated from the Navy with a discharge
under other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth at the time in
question and your post service good conduct. The Board concluded
that those factors were insufficient to warrant
recharacterization of your service, given your extensive
disciplinary record. 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.
mthis regard, it is”important to keep in mind that a
p esumption "Sf Yeeularity attaches to all official records.
pinsequent la. uhateapplying for a correction of an official naval
ecord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Wy ae Oe e # Sincerely,
Ls Dons y
W. DEAN PF R
Executive D tor
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