DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 387-12
27 September 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 26 September 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
26 November 1985 at age 24. You received nonjudicial punishment
(NJP) on three occasions for unauthorized absence (UA) from your
unit for a period of three days, dereliction in the performance
of duty, wrongful use of cocaine, and two instances of failure
to go to your appointed place of duty. On 7 October 1987, you
were convicted by special court-martial (SPCM) of UA from your
unit for a period of five days, missing ship’s movement, two
instances of failure to obey a lawful order and breaking
restriction. The sentence imposed was confinement, a forfeiture
of pay and reduction in paygrade. On 18 November 1987, you were
notified of pending administrative separation processing with an
other than honorable (OTH) discharge due to misconduct (pattern
of misconduct). You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 26 January 1988, you received the OTH discharge for
misconduct (pattern of misconduct).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your repetitive misconduct that resulted in three NJPs anda
SPCM. 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,
Leg
Executive D
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