DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 11864-11
29 November 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 29 November 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 entered active duty in the Navy on 6 January 1978, and served
without disciplinary incident until 5 June 1979, when you
received nonjudicial punishment (NJP) for an unauthorized absence
(UA) and disobeying a lawful order. Shortly thereafter, you
received the following disciplinary actions: on 19 July 1979, you
received NJP for wrongful use of a meal pass with the intent to
defraud; on 25 April 1980, you received NJP for UA; on 23 January
1981, you received NJP for UA in excess of 41 days and larceny;
on 10 February 1981, you received NUP for the wrongful possession
of a controlled substance (marijuana); and on 10 August 1981, you
received NJP for two specifications of UA. On 24 August 1981,
you were recommended for separation with an honorable discharge.
However, on 20 October 1981, you were convicted at a summary
court-martial (SCM) of two specifications of UA in excess of 19
days. You were then recommended for separation with an other
than honorable (OTH) discharge due to your frequent involvement
of a discreditable nature. You waived your rights to counsel and
an administrative discharge board (ADB). The separation
authority approved the recommendation, and on 5 November 1981,
you were separated with an OTH discharge due to misconduct and an
RE-4 (not recommended for retention) reeenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, claim that your father was ill, that you applied for
a hardship discharge that was denied, and that your punishment
was too harsh. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change to your discharge due to
your misconduct. Furthermore, the Board found you waived your
right to an ADB, your best opportunity for retention, or a better
characterization of service. Finally, there is no provision of
law or in Navy regulations that allow for a change to your
discharge due solely to the passage of time. 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,
Rise, Argh
BRIAN J. GEORGE
Head, Discharge Section
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