DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 02399—05
21 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 19
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 14 July 1988 at age 19. On
29 March and 9 June 1989 your received nonjudicial punisliment
(NJP) for missing movement, disobedience, and a one-day period of
unauthorized absence (UA).
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 3 July 1989 the
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct.
On 9 July 1989 the discharge authority directed an other than
honorable (0TH) discharge by reason of misconduct due to commission
of a serious offense. However, permission was granted to hold the
discharge in abeyance pending a special court-martial (SPCM) for
further misconduct. Additionally, the
discharge authority directed execution of the 0TH if you did not receive a
punitive discharge as a result of the SPCM. The record fails to reflect
whether you were tried by SPCM, however, you received the 0TH discharge on
21 July 1989.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth.
Nevertheless, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of your two NJP’s, one
of which was imposed for the serious offenses of missing movement and
disobedience, and since you committed further misconduct that led to the
charges that were to be resolved at SPCM. Further, you waived the right to
an ADB, your best chance for retention or a better characterization of
service. 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 PFEII
Executive Dir
2
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