DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4720-10
2 March 2011
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 1 March 2011. 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 te 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 25 February 1987 at age 19 and began
a period of active duty on 1 April 1987. You served without
disciplinary incident until 21 October 1987, when you received
nonjudicial punishment (NTP) for two periods of unauthorized
absence (UA) totalling 46 days and two periods of absence from
your appointed place of duty. About four months later, on 10
February 1988, you were convicted by summary court-martial (SCM)
of introducing alcoholic beverages onboard your ship, two
specifications of dereliction of duty, assault, and drunk and
disorderly conduct. Shortly thereafter, on 20 July 1988, you
received NIP for two periods of UA totalling 11 days, missing the
movement of your ship, and wrongful use of marijuana.
On 22 July 1988 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 27 July 1988 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct. On 31 July
1988 the discharge authority approved this recommendation and
directed separation under other than honorable conditions by
reason of misconduct, and on 5 August 1988 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, and change your
narrative reason for geparation and reenlistment code.
eo ig the Boafd concluded these factors were not
sufficient to warrant gelief in your case because of the
seriousness of your repetitive misconduct which resulted in two
NJPs and a SCM, add included drug abuse. Further, you were given
an opportunity to defend your actions, 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,
(
W. DEAN PF
Executive
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