DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2886-05
24 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 December 1987 at age 18. During the
period from 3 October 1988 to 1 February 1989 you received three
nonjudicial punishments (NJP’s) for an unauthorized absence (UA) of
about five days, disobedience of a lawful order, wrongful
appropriation of a government vehicle, drunk and disorderly conduct,
failure to go to your appointed place of duty, false statement, and
breaking restriction.
Based on the foregoing record, on 23 February 1989 the commanding
officer initiated separation action by reason of misconduct due to a
pattern of misconduct and commission of a serious offense. In
connection with this processing, you elected to waive the right to
have your case heard by an administrative discharge board (ADB). On
18 March 1989 the discharge authority approved the recommendation of
your commanding officer for an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. You were so
discharged on 20 March 1989.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and your
desire for a better discharge. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your discharge
given your repetitive misconduct. The Board also noted that you waived the
right to an ADB, your best opportunity for retention or a more favorable
characterization of service. 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,
2
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