DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 675-10
30 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 29 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 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 30 September 1974. You received
nonjudicial punishment on three occasions for drunk and
disorderly conduct, use of provoking words or gestures, an
unauthorized absence (UA) totaling one day, and sleeping on
watch. You also had another two day period of UA for which no
disciplinary action was taken. You were notified that your
commanding officer was recommending you for administrative
separation due to misconduct. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB), to receive a general discharge. On 29
June 1976, you received a general discharge due to misconduct
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your discharge. However, the Board concluded
that your discharge should not be changed because of your
misconduct. The Board found that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. The Board concluded that you were
fortunate to receive a general characterization of service,
‘pecause individuals.who are separated for misconduct such as
yours normally receive an other than honorable discharge. [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.
You are advised that you may contact the Navy Personnel Command
(Awards Branch), 5720 Integrity Drive, Millington, Tennessee
38055 regarding your awards 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,
\ du Qu)
W. DEAN P
Executive e
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