DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00073-11
29 September 2011
:
,
i
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 28 September 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
2 August 1979. On 11 December 1979, you received nonjudicial
punishment (NJP) for being absent from your appointed place of
duty, and being drunk and disorderly. On 3 January 1981, you
received NUP for being in an unauthorized absence (UA) status for
five. days. On 16 July 1981, you received NJP for being absent
from your appointed place of @auty. On 113 June 1981, you were
convicted by special court-martial (SPCM) of being UA for 28
days. You were sentenced to reduction in pay grade, and
confinement at hard labor for 30 days. You were notified that
administrative discharge procedures were initiated, and that you
would receive an honorable discharge and a-reenlistment code of
RE-4 upon your separation. Your commanding officer recommended
you for an honorable discharge by reason of convenience of the
government. The discharge authority directed an honorable
discharge. You were so discharged on 7 August i981.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
narrative reason for separation, given your record of three NJP’s
and one conviction by SPCM of misconduct. The Board also noted
that you were fortunate to receive an honorable discharge and a
convenience of the government reason for separation since a
separation under other than honorable conditions due to
misconduct is often directed when an individual is found to have
committed offenses. 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.
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