DEPARTMENT OF THE NAVY
BOARP FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 09262-10
22 June 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 21 June 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
26 September 1975. The Board found that you received three
nonjudicial punishments (NIP’s) for damaging military property,
two instances of unauthorized absence totaling 61 days, wrongful
appropriation, and breaking restriction. On 14 May 1979, you
were convicted by civil authorities of second degree burglary.
You were sentenced to three to five years in confinement . You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). Your case was forwarded to
the discharge authority who directed that you be separated under
other than honorable (OTH) conditions by reason of misconduct due
to civil comviction. You were 50 discharged on 30 July 1979.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board found that these
factors were not sufficient to warrant any change in your
discharge given your three NJP’s, civil conviction, and ensuing
incarceration for very serious offense. Finally, the Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action cannot be taken. You
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
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,
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