DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1325-10
29 October 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 27 October 2010. The names and votes of the
members of the panel will be furnished upon request. 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
29 September 1981 at age 18. You received nonjudicial punishment
(NOP) on four occasions for willfully disobeying a superior
commissioned officer, five instances of insubordinate conduct
toward a petty officer, violation of a lawful written order, and
unauthorized absence (UA) from your unit. You were counseled on
several occasions regarding your misconduct and warned that
further offenses could result in administrative separation. On
16 April 1985, you were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 23 May 1985, you again received NJP for UA from your
unit. On 28 May 1985, the ADB found that you committed
misconduct and recommended that you be separated with an OTH
discharge. The separation authority agreed with the
recommendation of the ADB and directed your commanding officer to
issue you an OTH discharge by reason of misconduct and on 20 June
1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth, overall record of service, and the character letters
accompanying your application. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in five NJPs. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
5
abet is regrette™ 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,
Wau
W. DEAN P
Executive or
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