DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 01778-11
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
23 January 1984. The Board found that you received three
nonjudicial punishments (NUJP’s) for indecent exposure,
disobedience, having an open container of alcohol in your room,
and larceny. Additionally, you were counseled and warned after
your first NUP, that further misconduct could result in
administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to a
pattern of misconduct. You elected to consult counsel and have
your case heard before an administrative discharge board (ADB).
On 12 August 1987, the ADB found that you did commit misconduct
and recommended separation with an other than honorable (OTH)
discharge by reason of misconduct due to a pattern of misconduct.
Your commanding officer concurred with the ADB’s findings and
forwarded his recommendation that you be discharged due to
misconduct. On 11 November 1987, the discharge authority
directed an OTH discharge by reason of misconduct. On
25 November 1987 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, and
the fact that you were counseled and warned of the consequences
of further 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,
\Svpal
W. DEAN
Executive Dir Lr
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