DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 05325-11
1 March 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 28 February 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 enlisted in the Navy and began a period of active duty on
9 November 1978. The Board found that you received four
nonjudicial punishments (NJP’s) for three instances of
disrespect, three periods of unauthorized absence (UA) totaling
24 days, three instances of leaving your appointed place of
duty, 10 instances of failure to go to your appointed place of
duty, insubordinate conduct, disobedience, two instances of
assault, and communicating a threat. Subsequently, you were
notified of pending administrative separation action by reason
of misconduct due to frequent involvement of a discreditable
nature with military authorities. After being advised of your
procedural rights, you waived the right to an administrative
discharge board (ADB). The separation authority directed
discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 6 February 1980.
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 any change in your
discharge given your four NUJP’s for very serious offenses. The
Board also noted that you waived an ADB, your best chance 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,
ly Anpath
Executive Di
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