DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL.
Docket No: 4219-11
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 Unite
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 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 reenlisted in the Navy on 3 July 1984 after more than three
years of prior honorable service. You received nonjudicial
punishment (NUP) on three occasions for three instances of
unauthorized absence (UA) for periods totaling 29 days. After
your second NJP, you were counseled regarding your’ misconduct and
warned that further offenses could result in administrative .
separation. On 31 March 1988, you were convicted of simple
battery by the Bibb County Law Enforcement Center, Macon,
Georgia. You were sentenced to 12 months probation and fined
$200. On 23 April 1988, you were convicted by summary court-
Martial (SCM) of UA from your unit for a period of 104 days. The
Sentence imposed was 30 days confinement, a forfeiture of pay and
a reduction in paygrade. You were notified of pending
administrative separation action 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). The separation authority
directed an other than honorable discharge by reason of
misconduct due to a pattern of misconduct. On 10 June 1988 you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable 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 three NUPs, a SCM and periods of UA totaling over 133 days.
Finally, the Board noted that you waived the right to an ADB,
your best opportunity for retention or a better characterization
of service. 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,
Ldn
W. DEAN PFEYF
Executive oO
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