DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05246-10
10 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 9 March 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
8 December 1972. On 18 April 1973, you received nonjudicial
punishment (NJP) for failing to go to your appointed place of
duty, and sleeping during a patient care class. On 11 February
1976, you received NJP for failure to obey a regulation. On 23
March 1976, you received NJP for being absent from your appointed
place of duty. You were notified that you would receive a
general discharge and were not recommended for reenlistment. The
discharge authority directed a general discharge. You were so
discharged on 7 December 1976.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record and youth. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service, given your record of three NJP’s for
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed 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 regi tarity attaches to all official records.
@Consequently, whe applying for a correction of an official naval
Srecord, the burden ig*on the applicant to demonstrate the
existence of probabl laterial error or injustice.
2
: x
Sincerely,
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