DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3316-11
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 1 September 1976 at age 20 and began
a period of active duty. You served for about four years and
eight months without disciplinary incident. However, during the
period from 26 May 1981 to 4 June 1982 you received nonjudicial
punishment (NUP) on nine occasions. Your offenses were drunk and
disorderly conduct, disobedience, failure to go to your appointed
place of duty, three specifications of failure to obey a lawful
order, missing the movement of your ship, and six periods of
unauthorized absence (UA) totalling 26 days.
Subsequently, you were notified of pending administrative
separation processing by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities. After consulting with legal counsel you elected to
present your case to an administrative discharge board (ADB). On
22 July 1982 an ADB recommended discharge under other than
honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
On 13 September 1982 your commanding officer also recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. On 15 September 1982 the discharge
authority approved these recommendations and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 17 September 1982, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct and desire to upgrade your
discharge. It also considered your assertion of being falsely
accused of looking in a window. 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 nine NJPs.
Finally, there is no evidence in the record, and you provided
none, to support your assertion of being falsely accused of an
offense. 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,
\ Neus
W. DEAN P F
Executive D cor
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