DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3250-11
23 January 2012
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 18 January 2012. The names and votes of the
members of the panel will be furnished upon request. 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 on 2 February 1981 at age 17 and began a
period of active duty. You served for three months without
disciplinary incident, however, during the period from 26 May
1981 to 4 June 1982, you received nonjudicial punishment (NJP) on
five occasions for absence from your appointed place of duty, an
unspecified period of unauthorized absence (UA), breach of the
peace, breaking restriction, disrespect, and 11 specifications of
disobedience.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After waiving
your procedural rights to consult with legal counsel and to
present your case to an administrative discharge board (ADB), on
16 June 1982, your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. The discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct and on 16 July 1982, you were
so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade the characterization of your
discharge, and assertion of drug abuse. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct, which resulted in five NUPs.
Accordingly, your application has been denied.
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,
Ls Deon
W. DEAN PFE
Executive D Oo
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