DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00185-07
20 July 2007
Dear sate
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 July 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 23 January 1989 at age 19. On 31 May
1990 you were counseled concerning an indebtedness problem and
warned that further misconduct could result in administrative
separation from the service. On 7 December 1990 you received
nonjudicial punishment (NJP) for a 49-day period of desertion,
missing movement, disobedience, wrongful appropriation, larceny,
and dishonorable failure to pay a just debt.
On 10 December 1990 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your right to consult with counsel, or to
submit a statement.
On 11 December 1990, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of pattern of misconduct. On 17 December
1990 the discharge authority directed an other than honorable
discharge by reason of misconduct due to a pattern of misconduct.
On 19 December 1990 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 overall period of service. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your NUP for serious
offenses, and the fact that you were counseled and warned of the
consequences of further misconduct. Further, you waived the
right to an ADB, your best chance for retention or a better
characterization of service. 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,
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