DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 4869-07
13 May 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 6 May 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.
error or injustice.
You enlisted in the Navy Reserve on 23 January 1989 at age 17 and
reported for three years of active duty that same day. During
the period from 18 December 1989 to 21 February 1992, you
received nonjudicial punishment on four occasions and were
convicted by a summary court-martial. Your offenses included
seven periods of unauthorized absence totaling about 70 days,
multiple instances of failure to go to restricted musters,
missing ship's movement, disobedience, disrespect and wrongful
use of methamphetamines.
Based on the foregoing record, you were processed for an
administrative discharge. In connection with this processing,
you elected to waive the right to have your case heard by an
administrative discharge board. After review, the discharge
authority directed discharge under other than honorable
conditions and you were so discharged on 13 March 1992.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
contentions that you have been a good citizen since discharge and
desire an upgrade in your discharge so that you can run for
public office. The Board found that these factors and
contentions were not sufficient to warrant recharacterization of
your discharge given your extensive record of misconduct. 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,
2 mak 2s ——
ROBERT D. ZSALMAN
Acting Executive Director
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