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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
TAL .
Docket No: 10771-1090
29 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 22 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 reenlisted in the Navy on 4 December 1984 after more than
three years of prior honorable service. On 27 June 1986, you
were in an unauthorized absence (UA) status from your unit for a
period of 31 days until you surrendered on 28 July 1986.
On 30 duly 1986, you were again UA from your unit for an
additional period of 106 days until you surrendered on
13 November 1986. On 19 December 1986, you were convicted by
special court-martial (SPCM) of the forgoing periods of UA. The
sentence imposed was confinement for 60 days, a forfeiture of pay
and a reduction in paygrade. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct. After consulting with legal
counsel, you elected to present your case to an administrative >
discharge board (ADB). On 19 February 1987, an ADB recommended
that you be retained in the naval service. After the ADB, you
were counseled regarding your misconduct and warned that further
offenses could result in administrative separation. The
separation authority approved the recommendation and directed
that you be retained. On 5 June 1987, you received nonjudicial
punishment (NUP) for UA from your unit for a period of two days.
On 16 July 1987, you received NJP again for UA from your unit for
a period of 30 days. On 21 July 1987, you were notified of
pending administrative discharge processing with an OTH discharge
due to misconduct (commission of serious offense and a pattern of
misconduct). You waived all of your procedural rights including
your right to an ADB. On 26 August 1987, you received the OTH
discharge for misconduct (pattern of misconduct).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable servicé. “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 two NJPs, one SPCM, and periods of UA totaling over five
months. Additionally, the Board noted you were retained after
the first ADB and warned of the consequences of further
misconduct. Finally, no discharge is automatically upgraded due
to the passage of time or an individual’s good behavior after
discharge. Accordingly, your application has been denied. The
names and votes of the members of the 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 injustice.
Sincerely,
iW. DEAN P
Executive Di r
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