DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 04319-09
8 April 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 Navai
Records, sitting in executive session, considered your
application on 30 March 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
21 April 1976 at age 17. During the period from 9 March 1978 to
15 August 1979, you received eight nonjudicial punishments
(NJP’s) and were convicted by civil authorities of driving under
the influence of alcohol. Based on these incidents,
administrative discharge action was initiated to separate you by
reason of misconduct due to frequent involvement of a4
discreditable nature with military authorities. You elected to
consult counsel and have your case heard before an administrative
discharge board (ADB). On 17 August 1979, the ADB unanimously
recommended separation with an other than honorable discharge by
reason of misconduct due to frequent involvement. On 24 August
1979, your commanding officer concurred with the ADB’s findings
and forwarded his recommendation that you be discharged. On
31 August 1979, you received a ninth NUP for use of a false pass.
During the period from 4 September to 20 October 1979, you had
two periods of unauthorized absence that totaled 34 days. On 24
October 1979, you were convicted by civil authorities of
“failure to appear and possession of hashish. On 8 November 1979,
the discharge authority directed an other than honorable
discharge by reason of misconduct. On 13 November 1979 you were
so discharged.
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 any change in your
discharge because of the nine NJP‘’s and two civil court
convictions. 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,
™,
Executive Dad
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