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

SMW
Docket No: 8897-06
16 February 2007

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 14 February 2007. 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.

On 25 November 1977 you enlisted in the Navy at age 17 with parental consent. During the period from 7 November 1978 to 21 February 1979 you received three nonjudicial punishments (NJP’s). Your offenses included seven instances of unauthorized absence (UA) totaling about 13 days. On 29 February 1979 you were counseled regarding deficiencies in your performance and conduct, and warned that further infractions could result in disciplinary action or an other than honorable discharge.

On 1 March 1979 you began a 26 da~ period of UA that ended on 27 March 1979, when you were apprehended by civil authorities. On 25 April 1979 you received NJP for the 26-day UA and absence from your appointed place of duty. On 26 April 1979 your commanding officer (CO) initiated administrative separation action by reason of misconduct due to frequent discreditable involvement. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and requested to have your case heard by an
administrative discharge board (ADB). However, you agreed to waive the ADB if the CO recommended a general discharge, and the CO made such a recommendation. On 5 June 1979 the separation authority approved the CO’s recommendation and directed a general discharge by reason of misconduct due to frequent discreditable involvement. On 12 June 1979 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. The Board also considered the contention that you were improperly discharged because of one mistake. Nevertheless, the Board concluded that these factors and contention were not sufficient to warrant recharacterization of your discharge due to your repetitive misconduct which resulted in four NJP’s. The Board also found that your misconduct continued even after you were warned that further infractions could result in an other than honorable discharge. The Board further noted that you were fortunate to have received a general discharge, since most individuals separated by reason of misconduct due to frequent involvement were discharged under other than honorable conditions. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.

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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