DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 8067-06
5 April 2007
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 4 April 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.
On 7 September 2000 you enlisted in the Navy at age 22. You then
served without incident until 13 March 2003, when you received
nonjudicial punishment (NJP) for disobedience of a lawful order.
You were counseled on that same date regarding deficiencies in
your performance and conduct, and warned that further infractions
could result in disciplinary action or administrative separation.
However, during the period from 7 May to 5 June 2003 you received
three more NUP's. Your offenses included three instances of
disobedience of a lawful order, wrongful appropriation and an
unspecified period of unauthorized absence (UA). Suspended
punishment from the earlier NJP was also vacated due to your
continued misconduct.
On 6 June 2003 your commanding officer (CO) initiated
administrative separation action by reason of misconduct due to
commission of a serious offense and a pattern of misconduct. In
connection with this processing, you acknowledged that separation
could result in an other than honorable discharge and waived the
right to have your case heard by an administrative discharge
board (ADB). On 16 June 2003 the separation authority directed
an other than honorable discharge by reason of misconduct due to
commission of a serious offense. On 26 June 2003 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 and the period of good service. The Board also
considered your contention that your discharge should be upgraded
because the Veterans' Administration has classified the discharge
as honorable. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to your repetitive misconduct. Regarding your
contention, any action taken by the Veterans' Administration is
not binding on the Navy and does not constitute
recharacterization of your service. Finally, the Board noted that
you waived the right to have your case heard by 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,
W Gears R
Executive D or
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