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NAVY | BCNR | CY2012 | 01880 12
Original file (01880 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TAL
Docket No: 1880-12
7 December 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 5 December 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

22 February 1984 at age 18. You received nonjudicial punishment
(NJP) on three occasions for failure to go to your appointed
place of duty, wrongful use of marijuana, failure to obey a
lawful order and dereliction in the performance of your duties.
You were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. You
were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct.
You waived all your procedural rights, including your right to
an administrative discharge board (ADB). On 8 September 1986,
you received the OTH discharge for misconduct (commission of a
serious offense).
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 recharacterization
of your discharge due to your repetitive misconduct that
resulted in three NUPs. The Board also noted that you waived
your 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,

\) Beoa

W. DEAN P
Executive ector

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