DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6175-05
20 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 18
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Navy on 7 November 1984 for four years at age
19. You then served for four years without any disciplinary
infractions. On 8 November 1988 a 26 month extension became
effective.
On 1 May 1989, you received nonjudicial punishment for two periods of
unauthorized absence totaling about 18 days and missing ship’s
movement through design. The punishment imposed included forfeitures
of pay and a reduction in rate.
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to your
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. In his recommendation for discharge,
the commanding officer stated as follows:
The specific circumstances of the serious offense
warrants separation in this case. Additionally (he)
has stated that he considers himself to be a racist and cannot work
within the Navy. (His) continued presence would be detrimental to
morale and discipline ....
After review, the discharge authority directed discharge under
other than honorable conditions and you were so discharged on 25
May 1989.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your period of good service and
your contention that alcohol abuse led to your misconduct. You state, in
effect, that you are sorry for the statements you made in connection with
your discharge processing. The Board found that these factors were not
sufficient to warrant recharacterization of your discharge given your
serious offenses and the other circumstances of your case. The Board
concluded that your 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.
The Board believes that you may be eligible for veterans benefits
based on the completion of your initial four year enlistment.
However, the decision to grant benefits can only be made by the
Department of Veterans affairs.
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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