DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 023-10
21 September 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 15 September 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
28 March 1984 at age 20. On 12 July 1984, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit. On 20 August 1984, you were dropped from Radioman “A”
school for lack of motivation. You received NJP on two more
occasions for 17 instances of UA from your unit, three instances
of disobeying a lawful order, drunk driving, disrespectful
language toward a superior petty officer, and three instances of
wrongful use and possession of marijuana. After your first NOP,
you were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. You
were notified of pending administrative discharge processing with
an other than honorable (OTH) discharge due to misconduct. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 30 November 1984, you
received the OTH discharge for misconduct (frequent involvement) .
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 NJPs. The Board noted that after being
counseled and warned that further misconduct could result in
administrative separation, you committed more offenses. The
Board also noted that you waived the right to an ADB, your best
chance for retention or a better characterization of service.
Finally, no discharge is automatically upgraded due to the
passage of time or an individual’s good behavior after discharge.
Accordingly, your application has been denied. The names and
ee 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,
Lue 4.
Executive D
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