DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204
SUN
Docket No: 03090-1411
10 January 2012
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 5 January 2012. 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 active duty on 1 August 1980.
On 28 dune 1982, you were convicted by special court-martial
(SPCM) of two specifications of unauthorized absence (UA)
totaling 245 days. On 10 November 1982 and 7 November 1983, you
received nonjudicial punishment (NUP) for 21 days of UA, two
instances of disobedience, two instances of misbehavior of a
sentinel or lookout, wrongful use of marijuana, and possession
of two military identification cards. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 22
November 1983, you received a third NUP for leaving your
appointed place of duty. On 12 November 1983, your case was
forwarded recommending that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. The
discharge authority concurred and directed an OTH discharge by
reason of misconduct due to a pattern of misconduct. You were
so discharged on 30 December 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record
of service, and belief that your characterization of service
would automatically be ungraded after six months. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM conviction
for a lengthy period of UA, three NJP’s, one of which was for
drug use, and the fact that you were counseled and warned on
several occasion of the consequences of further misconduct.
Finally, please understand that there is no provision of law or
in Navy regulations that allows for recharacterization
automatically after six months. 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 camnot 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,
TN
W. DEAN PHEI
Executive ector
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