DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6590-09
4 June 2010
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 June 2010. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicabie to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with ail
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 on 17 March 1989 at age 17. You served
for more than two years without disciplinary incident, but during
the period from 10 January to 18 December 1992 you received
nonjudicial punishment (NIP) on three occasions for two periods
of absence from your appointed place of duty, disobedience, and
assault.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct. After
consulting with legal counsel, you elected your procedural right
to present your case to an administrative discharge board (ADB).
On 15 January 1993 an ADB recommended discharge under honorable
conditions by reason of misconduct by reason of a pattern of
misconduct. On 4 February 1993, in concurrence with the ADB,
your commanding officer also recommended discharge under
honorable conditions by reason of misconduct due to a pattern of
misconduct. On 10 March 1993 the discharge authority approved
these recommendations and directed your commanding officer to
issue you a general discharge by reason of misconduct, and on 15
March 1993, 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 and desire to upgrade your discharge. It also
considered your assertion that your discharge was based solely on
one isolated incident. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in three NUPs. Finally, there is
documented evidence in the record that is contrary to your
assertion. Accordingly, your application has been denied.
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,
Executive Di
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