DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORE~JN
2NAVYANNEX
WASHINGTON DC 20370-5100
SJN
Docket No:
02335—05
6 October 2005
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 5
October 2005. 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.
You enlisted in the Navy on 28 March 1988 at age 19. On 15 August and
6 September 1989 you received nonjudicial punishment (NJP) for a
seven-day period of unauthorized absence (UA), two specifications of
missing movement, two specifications of disrespect, disobedience, and
drunk and disorderly conduct.
Administrative discharge action was then initiated by reason of
misconduct due to commission of a serious offense. You waived your
rights to consult counsel, submit a statement or have your case heard
by an administrative discharge board (ADB). On 13 September 1989 the
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. On 24 September 1989 the discharge authority directed an
other than honorable discharge by reason of misconduct due to
commission of a serious offense. On 5 October 1989 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.
contention of alcohol abuse. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your discharge
because of the two NJP’s, one of which was for a week of UA and the serious
offense of missing movement. The Board also noted that you waived the right
to an ADB, your best chance for retention or a better characterization of
service. With regard to your contention, the Board noted that there is no
evidence in your record, and you submitted none, to support it.
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,
W. DEAN PF1
Executive
2
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