DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1315-10
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 27 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.
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 10
December 1980 at age 19. you received nonjudicial punishment
(NTP) for failure to go to your appointed place of duty. You
were counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On 16
September 1981 you were convicted by a summary court-martial of
unauthorized absence (UA) from your unit for a period of 49 days.
On 25 September 1981, you received NJP for UA from your unit and
disobeying a lawful order. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (frequent involvement). You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 9 October 1981 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 two NJPs and a SCM. The Board noted that you waived
the right to an ADB, your, best chance for retention or a better
characterization of service. Finally, there is not provision of
law or in Navy regulations that allows for the recharacterization
of service due 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, whert 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,
es Waa /
W. DEAN PFHRIF
Executive DYr °o
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