_ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100 CRS
Docket No: 7489-06
22 November 2006
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 15 November 2006. 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.
The Board found that you enlisted in the Navy on 4 June 1989.
The record reflects that you received three nonjudicial -
_punishments. Your offenses included an unauthorized absence of
19 days, drunkenness, dereliction. of duty, disrespect, willful
disobedience of a lawful order, and drunk and disorderly conduct.
On 8 April 1991 your commanding officer recommended that you be
separated with an other than honorable discharge by reason of |
misconduct due to a pattern of misconduct. ‘When informed of the
recommendation, you elected to waive the right to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and on 13 May 1991. you received an other than honorable
discharge. .
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that the
disciplinary actions taken against you were caused by religious
and racial discrimination. Nevertheless, the Board concluded |
that these factors were not sufficient to warrant
recharacterization of your discharge, given your record of
frequent involvement with military authorities. In this regard,
you the subject of three disciplinary actions in a period of less
than two years. Further, the Board found rio evidence of
religious or racial discrimination in your record, and you have
provided no such evidence. Based’on the foregoing, the Board
concluded that no change to the discharge 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,
Led
W. DEAN PF
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