DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3693-10
12 April 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 6 April 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 ali
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 20 July 1976 at age 17 and began a
period of active duty on 2 September 1976. You served for eight
months without disciplinary incident, but during the period from
26 May 1977 to 4 January 1979, when you received nonjudicial
punishment (NJP) on 10 occasions and were convicted by civil
authorities. Your offenses were missing the movement of your
ship, failure to go to your appointed place of duty, unauthorized
absences, insubordination, wrongful possession of marijuana,
disrespect, disobedience, and criminal trespass.
Subsequently, you were administratively processed for separation
by reason of misconduct due to drug abuse and frequent
involvement of a discreditable nature with military authorities.
Bn administrative discharge board and your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to frequent involvement of a
disereditable nature with military authorities. The discharge
authority approved these recommendations and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 16 February 1979, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that the investigation regarding your
disqualification from submarine duties and discharge was
incomplete. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your frequent misconduct which
resulted in 10 NUJPs, conviction by civil authorities, and
included drug abuse. Finally, there is documented evidence in
the record that is contrary to your assertion. 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,
W. DEAN PF R
Executive ector
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