DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 12555-11
4 October 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 October 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
+he 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 10 May 1984 at age 19 and immediately
began a period of active duty. You served without disciplinary
incident until 14 June 1985, when you received nonjudicial
punishment (NJP) for unlawful entry into a female berthing area.
About two months later, on 24 August 1985, you received a second
NOP for dereliction of duty.
On 10 and 31 January 1986 you received NUP for destroying
personal property, specifically, a stained glass window valued at
$60, disrespect, failure to obey a lawful order, and absence from
your appointed place of duty. Shortly thereafter, on 4 February
1986, you were notified of pending administrative separation
action by reason of misconduct due to a pattern of misconduct and
frequent involvement of a discreditable nature with military
authorities. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 9 February 1986 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to a pattern of misconduct
and frequent involvement of a discreditable nature with military
authorities. On 13 February 1986 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct and on 28
February 1986 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 and desire to upgrade your discharge. 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 four NJPs.
Finally, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB.
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,
Ore Pele
Executive D
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