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NAVY | BCNR | CY2006 | 04319-06
Original file (04319-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100         -
TJR
          Docket No: 4319-06
         11 January 2007







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 9 January 2007. 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 8 September 1987 at age 18. You served without disciplinary incident until 21 September 1990, when you received nonjudicial punishment (NJP) for assault and dereliction of duty. The punishment imposed was a $500 forfeiture of pay and confinement on bread and water for three days.
On 10 January and again on 12 April 1991 you received NJP for four periods of absence from your appointed place of duty and disobedience.
On 23 April 1991 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 25 April 1991 your commanding officer recommended separation by reason of misconduct due to a pattern of misconduct. On 2 May 1991 the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct, and on 10 May 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, service during the Panama operation, and the passage of time. It also considered your request for copies of ships deck logs for early 1990. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in three NJPs. Further, the Board noted that you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. Finally, no discharge is automatically upgraded due solely to the passage of time. Accordingly, your application has been denied.

In regard to your request for ships deck logs, you may obtain copies by contacting the Naval Historic Center, Ships History Branch, 805 Kidder Breese Street, SE, Washington Navy Yard, Washington, DC 20374-3643, telephone 202-433-3643 or on- line at www. history. navy.mil/branch/nhcorg9 htm

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,


ROBERT D. ZSALMAN
Acting Executive Director







2

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