DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SIN
Docket No: 10975-09
3 August 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 28 duly 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 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
6 July 1971. The Board found that you received five nonjudicial
punishments (NJP’s}) for four instances of absence from your
appointed place of duty, dereliction of duty, two instances of
disobedience, two periods of unauthorized absence, four instances
of failure to go to your appointed place of duty, larceny, and
missing ship's movement. Subsequently, you were notified of
pending administrative separation action by reason of misconduct
due to frequent involvement of a discreditable nature with
military authorities. After being advised of your procedural
rights, you waived the right to have your case heard by a board
of officers. The separation authority directed a general
discharge by reason of misconduct. You were so discharged on 22
July 1974.
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 any change in your
discharge given your five NJP’s for serious offenses. The Board
also noted that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed when an individual is discharged for misconduct.
Finally, you waived your right to request that your case be heard
by a board of officers, your best chance for retention or a
better characterization of service. 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,
Woon
W. DEAN PFE
Executive D fe
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