DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 06487-10
21 April 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 19 April 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 reenlisted in the Navy on 15 January 1984 after three years
of honorable service. The Board found that you received four
nonjudicial punishments (NJP's) for two instances of using
provoking speech or gestures and two instances of disobedience.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense.
You elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 21 October 1986, the
ADB recommended separation with a general discharge by reason of
misconduct. Your commanding officer concurred with the ADB's
finding and forwarded his recommendation that you receive a
general discharge. On 3 December 1986, the discharge authority
directed a general discharge by reason of misconduct due to
commission of a serious offense. On 10 December 1986 you were 5O
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and last period of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NJP’s for
very serious offenses. Finally, the Board also noted that you
were fortunate to receive a general discharge since a discharge
under other than honorable conditions is often directed when an
individual is discharged due to misconduct. Accordingly, your
application has been denied. The names and votes of the members
of thé 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 im jJUSELEe.
Sincerely,
Wand
W. DEAN PF
Executive Director
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