DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 9871-10
24 June 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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. The names and votes of the members
of the panel will be furnished upon request. 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 Naval Reserve on 16 December 1977 at age 18.
You served without disciplinary incident until 9 January 1979,
when you received nonjudicial punishment (NUP) for two periods of
unauthorized absence (UA) totalling four days, disrespect,
failure to obey a lawful order, and dereliction of duty. On 31
October 1979 you received NUP for three specifications of
disrespect, failure to obey a lawful order, wrongful possession
of marijuana, resisting arrest, and two specifications of
assault. On 11 November 1980 you received NJP for a five day
period of UA. You received your fourth NJP on 15 October 1981
for two periods of UA totalling eight days.
On 4 January 1982, while serving in paygrade E-3 and upon
completion of your required active service, you were released
from active duty under honorable conditions. Subsequently, on 11
September 1983, at the expiration of your enlistment, you were
discharged under honorable conditions.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade the characterization of your
release from active duty and discharge, and the letter regarding
your treatment for a bipolar disorder. It also considered the
character reference letters submitted in support of your case.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your separation
, because of the seriousness of your repetitive misconduct which
‘resulted in four.NJPs. Finally, Sailors with an extensive record
of misconduct, stich as yours, normally receive discharges under
~-other than honorable conditions, and as such the Board noted that
“you were fortunate to receive a general characterization of
service. Accordingly, your application has been denied.
% oe
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,
\Saette
Executive D
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