DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7317-10
29 March 2011
for correction of your
This is in reference to your application
f£ title 10 of the United
naval record pursuant to the provisions o
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 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.
consideration of the entire
dence submitted was insufficient
obable material error or
After careful and conscientious
record, the Board found the evi
to establish the existence of pr
injustice.
You enlisted in the Navy and began a period of active duty on
4 October 1983 at age 24. On 26 April 1984, you received
nonjudicial punishment (NOP) for unauthorized absence (UA) from
your unit for a period of four days, two instances ef failure Eo
go to your appointed place of duty and two instances of failure
to obey a lawful order. On 25 October 1986, you received NJP for
UA from your unit. On 31 January 1986, you received NJP for
failure to go to your appointed place of duty and disobeying a
lawful order from a superior commissioned officer. On
14 February 1986, you received NJP for failure to go to your
appointed place of duty. After your first 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 (frequent
involvement). You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 25 April 1986 you received the OTH discharge for misconduct
(frequent involvement) .
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. 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.
Lt 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,
Rear’
W. DEAN PF
Executive ses Oo
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