DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5160
TUR
Docket No: 6765-09
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 vune 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 applicable 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 16 August 1989 at age 19 and served
without @isciplinary incident until 29 March 1990, when you
received nonjudicial punishment (NJP)} for absence from your
appointed place of duty, failure to obey a lawful order, making a
false official statement, and wrongful appropriation.
On 14 May 1991 you were convicted by special court-martial (SPCM)
of four specifications of wrongfully and falsely making military
identifications cards, and were sentenced to reduction to
paygrade E-]. About two months later, on 11 July 1991, you
received your second NUP for four specifications of failure to
obey a lawful order and wrongful appropriation.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After waiving your procedural rights, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 14 October 1991 the discharge authority
approved this recommendation and directed your commanding officer
to discharge you under other than honorable conditions by reason
of misconduct, and on 23@ October 1991, 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. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repeated misconduct which resulted in two NUJPs anda
SPCM. 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,
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