DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 420-07
19 July 2007
Dear wi ..
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.
On 28 April 1987 you enlisted in the Navy Reserve at age 19 and
began a period of active service on 20 July 1987. On
15 June 1988 and 3 February 1989 you received nonjudicial
punishment (NJP) for a brief period of unauthorized absence (UA)
and disrespect. On 8 August 1989, you were convicted in civil
court of child neglect and assault and battery. The court
sentenced you to a period of confinement, which you served from
9 August to 6 September 1989. Upon release from confinement, you
were returned to your command. On 20 November 1989 you received
NUP for conspiracy and assault with intent to inflict serious
bodily injury.
On 8 December 1989 your commanding officer (CO) initiated
administrative separation by reason of misconduct due to
commission of a serious offense and civil conviction. In
connection with this processing, you acknowledged that separation
could result in an other than honorable discharge and elected to
have your case heard by an administrative discharge board (ADB) .
On 24 January 1990 an ADB found that you had committed misconduct
as alleged and recommended an other than honorable discharge. On
20 March 1990 the separation authority approved the
recommendation and directed an other than honorable discharge by
reason of misconduct due to commission of a serious offense. On
14 May 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 desire for a better discharge. The Board also
considered your contention that a physical altercation resulted
in your involuntary discharge, and only three of the ten
individuals involved were involuntarily discharged.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your misconduct. Regarding your contention,
an individual's entire disciplinary record is considered when
being recommended for an administrative separation. Given the
three NJP's and civil conviction, and the fact that several of
your offenses involved violence, the Board found that your
contention was without merit. 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,
Lear R
Executive cor
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