DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1575-10
12 November 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 9 November 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 on 22 January 1981 at age 28 and began a
period of active duty on 25 March 1981. You served without
disciplinary incident until 2 July 1981, when you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty. Three months later, on 2 October 1981, you
received another NUP for absence from your appointed place of
duty.
On 2 June 1982 you received your third NUP for an eight day
period of unauthorized absence and theft of a $31 money order
from a fellow shipmate. Shortly thereafter, on 24 June 1982, you
were convicted by special court-martial (SPCM) of wrongful use of
Marijuana and assault. You were sentenced to confinement at hard
labor for two months, reduction to paygrade E-1, and a $1,100
forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct, frequent involvement of a discreditable nature with
military authorities, and drug abuse. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). Your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to a pattern of
misconduct, frequent involvement of a discreditable nature with
military authorities, and drug abuse. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct and on 1
geptember 1982 you-were so discharged.
Che B Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in three
NJPs and a SPCM. Further, you were given an opportunity to
defend your actions, but waived your procedural right to present
your case to an ADB. Finally, no discharge is automatically
upgraded due solely to the passage of time. Accordingly, your
application has been denied.
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,
\DRaeSe
Executive Di
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