DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05799-10
10 March 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 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 on 18 March 1983. On 30 June 1983, you
received nonjudicial punishment (NJP) for disrespect to a petty
officer, and failure to obey a lawful order. On 3 October 1983,
you were convicted by a special court-martial (SPCM) of stealing
$62 from a fellow Sailor. You were sentenced to forfeitures of
$750, reduction in pay grade, and confinement at hard labor for
75 days. On 12 October 1983, administrative separation action
was initiated by reason of misconduct (commission of a serious
offense). You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 31 October 1983, your commanding officer
Forwarded his recommendation that you be discharged under other
than honorable conditions (OTH) by reason of misconduct. On
16 November 1983, the discharge authority directed an OTH
discharge by reason of misconduct (commission of a serious
offense). On 8 December 1983, 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 your record of one NJP and one
conviction by a SPCM of misconduct. The Board noted that you
waived your right to an ADB, your best opportunity for retention
or a more favorable 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 regrette@ that the circumstances of your case are such that
avorable actiow’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,
\Qund
W. DEAN P ]
Executive \Dik&ctor
/
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