DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5699-10
11 February 2011
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 Naval
Records, sitting in executive session, considered your
application on 9 February 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
Ln jwuSstiLee.
You enlisted in the Navy and began a period of active duty on
22 January 1975 at age 20. On 17 November 1976, you received
nonjudicial punishment (NUP) for three instances of sleeping on
watch. On 27 January 1977, you received NUP for unauthorized
absence from your unit for a period of five days. On 26 May
1977, you were convicted by special court-martial (SPCM) of theft
of a pickup truck. The sentence imposed was confinement for
three months, forfeiture of pay and reduction in paygrade. On 7
July and 11 August 1977, you received NUP for failure to go to
your appointed place of duty. After your third NUP, you were
counseled 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 (OTH) discharge due to misconduct. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 13 September 1977, the
separation authority approved the OTH discharge for misconduct.
On 16 September 1977 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 recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NUPs and a SPCM. Finally, the Board noted that
you waived the right to an ADB, your best chance for retention or
a better characterization of service. 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,
Yeas
W. DEAN PFE R
Executive Br fe)
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