DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3471-11
24 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 19 January 2012. Your allegations of error and .
injustice were reviewed in accordance with administrative
regulations and procedures applicabie 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 on active duty on
17 February 1981 at age 19. You received nonjudicial punishment
' (NUP) on four occasions for failure to obey a written regulation
by wearing civilian clothing, four instances of insubordinate
conduct toward a superior petty officer, three instances of .
absence from your appointed place of duty, and four instances of
failure to obey a lawful order. After your second NUP, you were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (commission
of a serious offense). You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 16 March 1983, you received the OTH discharge for misconduct
due to commission of a serious offense.
The Board, in its. review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NOPs. The Board noted that you waived the right
to an ADB, your best chance for retention or a better : :
characterization of service. Finally, in regard to your
assertion that your characterization of service was changed from
OTH to a bad conduct discharge, there is no evidence in your
record of such a change. 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,
\ Meg
W. DEAN
Executive tor
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