DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-51600
SIN
Docket No: 11503-10.
4 August 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 2 August 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
25 August 1977. The Board found that you received eight
nonjudicial punishments (NOP’s) for dereliction of duty, making a
False official statement, six periods of unauthorized absence
totaling 11 days, assault, leaving your place of duty, and
missing movement. Subsequently, you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. After being advised of your procedural rights, you
waived the right to an administrative discharge board (ADB). The
separation authority directed discharge under other than :
honorable conditions by reason of misconduct. You were so
discharged on 7 April 1980.
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 any change in your
discharge given your eight NUP's. The Board also noted that you
waived 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.
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,
LNoas
W, DEAN B
Executive rector
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