DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04193-07
21 February 2008
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 13 February 2008. 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 8 December 1992 at age 20. During
the period from 12 November 1993 to 12 April 1995 you received
three nonjudicial punishments (NJP’s) for two instances of
disobedience, disorderly conduct, drunkenness, three instances of
absence from your appointed place of duty, and a three-day period
of unauthorized absence (UA) that ended in your apprehension.
Additionally, you were given an administrative warning after your
first NUP.
On 18 April 1995, 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,
submit a statement or have your case heard by an administrative
discharge board (ADB). On 30 April 1995, you received a fourth
NJP for absence from your appointed place of duty.
On 5 May 1995, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 7 June 1995, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. On 19 June
1995 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 record of service. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of four
NJP’s, three of which were imposed after 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. . me
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, nN
W. DEAN PPE
Executive Di
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