DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 7274-09
10 dune 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 8 June 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 28 May 1980 at age 18. You served
without disciplinary incident until 21 March 1982, when you were
convicted by summary court-martial (SCM) of two periods of
unauthorized absence (UA) totalling 73 days and missing the
movement of your ship. About four months later, on 14 duly 1982,
you received nonjudicial punishment (NUP) for a three day period
of UA.
On 15 August 1983 you were again convicted by SCM of two periods
of UA totalling 77 days and missing the movement of your ship.
Shortly thereafter, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After waiving your procedural rights to legal
counsel and an administrative discharge board (ADB), your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 24 August 1983 the discharge authority
approved this recommendation and directed your commanding officer
to discharge you under other than honorable conditions by reason
of misconduct, and on 20 September 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that your world was turned upside down
due to deaths in your family and feeling lost and scared.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in NUP and two SCMs. Finally, there igs no evidence in
the record, and you submitted none, to support your assertions.
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitied 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 PF ER
Executive rektor
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