DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 2961-07
li February 2008
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This is in reference to your app} ication for correction of your
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naval record pursuant to the provisions of
States Code, Section 1552.
A three-member panel ok fhe Besued 2
Records, sitting in executive sessi , CONesidereda your
application on 5 February 2008. Your allegations of error ard
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 16 July 1985 at age 18 and served for
nearly three years without disciplinary incident. However,
during the period from 26 April to 25 July 1988, you received NUP
on three occasions for absence from your appointed place of duty,
two periods of unauthorized absence (UA) totalling 12 days, and
missing the movement of your ship.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern or
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 26 July 1988 your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to a pattern of misconduct. On 5 August 1988 the
discharge authority directed separation under other than
honorable conditions by reason of misconduct, and on 12 August
1988 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, post service conduct, and desire to upgrade your
discharge so that you may obtain veterans’ benefits. It also
considered your real estate certificate. 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 against these charges, but waived your right to
present your case to an ADB. 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,
len
W. DEAN PF
Executive
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