DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11410-09
16 August 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 4 August 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
25 February 1974 at age 21. You received nonjudicial punishment
(NJP} on two occasions for two instances of unauthorized absence
(UA) from your unit totaling 30 days. On 4’ November 1976, you
were convicted by special court-martial (SPCM) of a 157 day
period of UA from your unit. On 23 November 1976, you received
NIP for a 10 day period of UA from your unit and failure to obey
a lawful order. After your second NJP, you were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. On 10 December 1976, you
were notified of pending administrative discharge processing
under honorable conditions due to misconduct. You waived all of
your procedurals rights, including your right to an
administrative discharge board {ADB). On 22 December 1976, you
received a general discharge due to misconduct.
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 recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NUPs and a SPCM conviction. The Board noted
that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Finally, the
Board also believed that you were fortunate to receive a general
discharge since a separation under other than honorable
conditions is often directed when a Sailor is separated for
misconduct. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
vupon 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,
\Wweais
W. DEAN PF
Executive Dive r
7
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