DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4660-11
10 February 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 7 February 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 30 July 1981 at age 20. You served
without disciplinary incident until 30 October 1981, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful order. During the period from 24 September to 25 November
1982 you received NUP on four more occasions for disobedience,
communicating a threat, wrongful use of marijuana, disrespect,
and dereliction of duty.
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, your commanding officer recommended
discharge under other than honorable conditions. On 14 April
1983 you received your sixth NUP for wrongful use of marijuana.
Nonetheless, the discharge authority directed discharge under
other than honorable conditions by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities, and on 14 June 1983, 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, desire to upgrade your discharge, and assertion of
unjust due process. 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 six NJPs and included drug abuse.
Finally, you were given an opportunity to defend yourself but
waived your procedural right to legal counsel and to present your
case to an administrative discharge board. 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,
WwW. DEAN ab
Executive ™& or
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