DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 01774-11
5 December 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 29 November 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
4 May 1983. The Board found that you received two nonjudicial
punishments (NJP’s) for two instances of disobedience.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
Your commanding officer stated, in part, that you had been
counseled at all levels of your chain of command. The discharge
authority concurred and directed an OTH discharge by reason of
misconduct due to commission of a serious offense. You were so
discharged on 26 July 1985. At that time, you were found not to
be dependent on drugs or alcohol.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief you had a drinking problem. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP’s for
very serious offenses, and the fact that you were found not to be
dependent on drugs or alcohol. Finally, the Board noted that you
waived the right to 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,
\y) ease (
W. DEAN EN
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Executive Di
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