DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 4498-09
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 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 31 August 1979 at age 17 and began a
period of active duty on 1 October 1979. You served without
disciplinary incident until 1 August 1980, when you received
nonjudicial punishment (NJP) for three periods of unauthorized
absence (UA) totalling 62 days. On 12 September 1980, you
received NUP for 16 periods of failure to go to your appointed
place of duty and a 20 day period of UA. About three months
later, on 11 December 1980, you were convicted by summary court-
martial (SCM) of six periods of failure to go to your appointed
place of duty, two specifications of unauthorized possession of
identification cards, and breaking restriction.
On 4 February and again on 17 April 1981 you received NUP for
disrespect, assault, a 35 day period of UA, and wrongful
possession of marijuana.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legai counsel
and to present your case to an administrative discharge board
(ADB). On 24 April 1981 your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. On 11 May 1981 the discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 26 May 1981, 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. 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 four NJPs, a court-
martial conviction, and included drug abuse. Further, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. 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,
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