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

											FC
											Docket No: 1176-04
											2 August 2004

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 28 July 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 that the evidence submitted wa insufficient to ~tL DiIs]z the ~ist see f pm h 71 - m~teyi<i error o~ i~ Ustic&.

The Board found that you enlisted in the Navy on 29 April 1980 at age 19. You served without disciplinary incident until 18 May 1981, when you received nonjudicial punishment (NJP) for possession of marijuana. You were awarded forfeitures of pay, restriction, and extra duty. On that same day, you were counseled about your deficiencies in conduct and performance, and warned of the consequences of further misconduct. On 5 November 1981 you received a second NJP for absence from your appointed place of duty, and you were awarded a forfeiture of pay, restriction, and extra duty. On 3 February 1982 you received a third NJP for a brief period of unauthorized absence (UA), making a false official statement, larceny and possession of a false official pass. You were awarded a forfeiture of pay, restriction, extra duty, and a suspended reduction to paygrade E2. On 30 July 1982 you were convicted by special court martial (SPCM) of three periods of UA totaling 78 days, resisting apprehension, and breaking restriction. You were sentenced to confinement at hard labor for three months, forfeitures of pay, and a reduction to paygrade E-2.

After you were notified of administrative separation processing on 13 August 1982, you waived all of your procedural rights. On 21 September 1982, the commanding officer recommended an other than honorable discharge by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. On 15 October 1982 you were granted authorization to return to the civilian community instead of waiting for final action by the separation authority. On that same day, you signed a service record entry acknowledging that you were not recommended for reenlistment because of misconduct. On 27 October 1982 the Chief of Naval Personnel (CNP) forwarded your case to the Assistant Secretary of the Navy (Manpower and Reserve Affairs) (ASN/M&RA) recommending an other than honorable discharge by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. On 28 October 1982 the ASN/M&RA approved an other than honorable discharge. On 5 November 1982 CNP directed an other than honorable discharge, and the record shows that you were so separated.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth, and the length of time that has passed since you were discharged from the Navy. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your frequent misconduct that resulted in three NJPs and a conviction by SPCM for offenses that included drug possession. 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,