DEPARTMENT OF THE NAVY
_ BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG /
Docket No: 9265-09
27 May 2010
Dear -alilililaiaiitian
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 26 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 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 17 March 1975. You received nonjudicial
punishment (NJP) on: four occasions for failure to go to and
absence from your appointed place of duty (three
specifications), unauthorized absence (six days), and failure
to obey a lawful order. After your second and third NJP, you
were counseled and warned that further misconduct could result
in administrative discharge action. You were administratively
processed for misconduct (frequent involvement of a
discreditable nature with military authority). In exchange for
waiving your right to an administrative discharge board (ADB),
you received a general discharge on 22 March 1976, 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, and
personal problems. However, the Board concluded that your
general discharge should not be changed due to your misconduct.
The Board noted that you were fortunate to receive a general
Gischarge, because normally when a Sailor is separated for
misconduct, he is given an other than honorable
characterization of service. The Board noted 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,
Ww. asa ai
Executive reetor
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