DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4606-10
24 January 2011
This ig 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 Naval
Records, sitting in executive session, considered your ,
application on 20 January 2011. 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
22 February 1983, at age 19. On 18 July 1983, you received
nonjudicial punishment (NUP) for failure to go to your appointed
place of duty. On 22 February 1984, you received NJP for
unauthorized absence (UA} from your unit, and wrongful
appropriation. On 30 March 1986 you were convicted in civil
court by Onslow County District Court in Jacksonville, North
Carolina, of writing a worthless check in the amount of $10.75.
You were sentenced to pay all court costs and the amount of the
check. On 23 April 1986, you received NUP for wrongful use of
marijuana and insubordinate conduct toward a superior petty
officer. You were counseled on several occasions regarding your
misconduct and warned that further offenses could result in
administrative separation. You were notified of pending
administrative discharge processing with an other than honorable
discharge due to misconduct. After consulting with legal
counsel, you elected to present your case to an administrative
discharge board (ADB). On 22 July 1986, the ADB found that you
committed misconduct and recommended that you be separated with a
general discharge. On 5 August 1986, you were held by civil
authorities on a charge of arson in Onslow County jail in
Jacksonville, North Carolina, pending any civil action.
On 10 October 1986, you were returned to military control.
On 12 December 1986 the separation authority agreed with the
recommendation of the ADB and directed your commanding efficer to
issue you a general discharge by reason of misconduct, civil
conviction, and on 15 December 1986, you were so discharged.
The Board, in its review of your application, carefully weighed
‘all potentially mitigating factors, such as your youth and
éverall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NJPs and two civil convictions. The Board also
believed that you were fortunate to receive a general discharge
since a separation under other than honorable conditions is often
directed when a Sailor is separated for misconduct. 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,
la-Ge!
W. DEAN SA
Executive Dikec
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