DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SIN
Docket No: 00247-11
17 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 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
24 May 1979. The Board found that you received five nonjudicial
punishments (NUP’s) for forgery, wrongful possession and use of
marijuana, two instances of disobedience, 29 days of unauthorized
absence, and wrongful possession of nunchucks. Additionally, you
were counseled and warned after your third NUP that further
misconduct could result in administrative discharge action.
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). Your
commanding officer forwarded your case recommending separation.
The separation authority concurred and directed a general
discharge by reason of misconduct. You were so discharged on
17 August 1981.
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 five NUP’s, two of which were for drug
abuse, and the fact that you were counseled and warned of the
consequence of further misconduct. The Board also noted that you
waived an ADB, your best chance for retention or a better
characterization of service, and were fortunate to receive a
general discharge since a discharge under other than honorable
conditions is often directed when an individual is discharged for
misconduct. 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,
Looe, Oat
W. DEAN PFE
Executive D r
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