DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 7973-03
10 August 2004

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 3 August 2004. 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
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You enlisted in the Navy on 25 June 1981 at age 18 and served for a year without disciplinary incident. However, on 29 June 1982, you received nonjudicial punishment (NJP) for larceny and were awarded a $200 forfeiture of pay, restriction and extra duty for 45 days, and reduction to paygrade E-1.

On 23 March and again on 7 April 1983 you received NJP for missing the movement of your ship, breaking restriction, and two periods of unauthorized absence (UA) totalling 30 days.

On 7 April 1983 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct and commission of a serious offense. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board. Your commanding officer recommended an other than honorable discharge by reason of misconduct. Subsequently, the discharge authority approved the foregoing recommendation and on 14 April 1983 you were discharged under other than honorable conditions.

The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and your assertion that your discharge should be upgraded because of your hardships at the time of separation. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness your repetitive misconduct, which resulted in three NJPs. Further, there is no evidence in the record, and you submitted none to support your assertion of a hardship. 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,

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