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NAVY | BCNR | CY2010 | 12102-10
Original file (12102-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100

SoN
Docket No: 12102-1090
25 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 23 August 201i. 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 July 1977. The Board found that you received six nonjudicial
punishments (NJP’s) for drunk and disorderly conduct, 15 days of
unauthorized absence (UA), bringing discredit upon the Navy,
signing an official record with intent to deceive, a false pass
offense, wrongful possession of marijuana, two instances of
disobedience, and willfully damaging government property.
Additionally, you were convicted by civil authorities of larceny.
Subsequentiy, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civil
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 1 June 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 six NUP’s and civil conviction of a serious offense. 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,

\o Speak

W. DEAN PFE
Executive DineckhOor

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