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

										FC
										Docket No: 1198-04
										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 was submitted              error or injustice.

The Board found that you enlisted in the Navy on 18 August 1977 at age 17. During the period from 17 March 1978 to 1 July 1980 you received eight nonjudicial punishments (NJPs) for six instances of disobedience, three periods of unauthorized absence totaling about four days, two instances of forgery, absence from your appointed place of duty, possession of hashish, destruction of government property, insubordination, communicating a threat, and two instances of disrespect.

On 12 July 1980 the commanding officer notified you of administrative separation processing because of frequent involvement of a discreditable nature with civil or military authorities. You then waived all of your procedural rights. On 22 July 1980 the commanding officer recommended administrative separation by reason of misconduct by reason of repeated involvement of a discreditable nature. On 24 October 1980 the separation authority advised the commanding officer to redo the statement of awareness to ensure the correct reason for administrative separation processing. On 8 November 1980 you were again notified of administrative separation processing by reason of misconduct due to frequent involvement of a discreditable nature with civil or military authorities, and you waived all of your procedural rights. On 25 November 1980 the separation authority directed an other than honorable discharge by reason of misconduct due to frequent involvement of a discreditable nature with military or civil authorities. On 15 December 1980 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. Nevertheless, the Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge because of your frequent misconduct that resulted in eight NJPs for various 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.

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Sincere’ - -