DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00944-10
28 October 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 26 October 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
12 June 1984. The Board found that you received three
nonjudicial punishments (NJP’s) for disobedience, urinating in
public, attempts to commit crimes (the offenses are not in your
record), four instances of unauthorized absence, wrongful
possession of a concealed weapon, and wrongful use of marijuana.
Additionally, you were counseled and warned after your first NUP,
that further misconduct could result in administrative discharge
action. Subsequently, after testing positive for marijuana use
on more than one occasion, 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 an administrative discharge board (ADB). The
separation authority directed discharge under other than
honorable conditions by reason of misconduct. You were so
discharged on 25 February 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and belief that your characterization of
service would be upgraded to a general discharge after six
months. Nevertheless, the Board found that these factors were
not sufficient to warrant any change in your discharge given your
three NUJP’s, two of which were after you were warned of
consequences of further misconduct. The Board also noted that
ou waived an ADB, your best chance for retention or a better
sharacterization of service. Finally, you are advised that there
jis no provision of law or in Navy regulations that allows for
recharacterization of service automatically after six months or
jdue solely to the passage of time. 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,
\p Nose
W. DEAN PFE F
Executive D
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