DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8092-09
29 April 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 April 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 entered active
duty in the Navy on 8 April 1974. You received ten nonjudicial
punishments (NJP’s) and one summary court-martial for six
periods of unauthorized absence totaling over seven days,
missing the movement of your ship, two instances of absence
from your appointed place of duty, two instances of wrongful
possession of marijuana, disobeying a lawful order from a
superior commissioned officer, disrespect to a petty officer,
and violation of a lawful general regulation. You were
counseled twice, after your first and sixth NJP, that further
misconduct could result in administrative separation. On 17
January 1977, you were notified of pending administrative
Separation action for an other than honorable (OTH) discharge
due to frequent involvement. You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 29 April 1997, you received the OTH discharge
for frequent involvement; and were assigned an RE-4
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth
character references. However, the Board found that your OTH
discharge should not be changed due to your numerous acts of
misconduct. The Board noted that you committed more offenses
after being counseled and warned that further misconduct could
result in administrative separation. The Board found that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. In view of
the above, 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,
\p Demat.
W. DEAN P
Executive reetor
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