DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS)
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 05267-12
20 March 2013
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 19 March 2013. 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
L August 1985. The Board found that on 26 November 1986 and
5 March 1987, you received nonjudicial punishment (NUP) for two
periods of unauthorized absence (UA) totaling 86 days, five
instances. of missing ship’s movement, three instances of
disobedience and breaking restriction. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to commission of a serious offense. You elected
to consult counsel and have your case heard before an
administrative discharge board (ADB). On 16 April 1987 the ADB
recommended separation with an other than honorable (OTH)
discharge by reason of misconduct due to commission of a serious
offense. On 20 April 1987, you received a third NJP for
destruction of government property. Your commanding officer
forwarded your case concurring with the ADB’s findings and
recommendation that you be discharged. On 2 June 1987, the
separation authority directed an OTH discharge by reason of
misconduct due to commission of a serious offense. On 15 June
1987 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post-service accomplishments, and desire to change your
characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your three NUJP’s, one of which was after
you were notified you were being administratively separated.
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.
Tn 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,
W. DEAN ‘PF
Executive or
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