DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5741-07
25 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 21 February 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Board.
your application,
thereof, your naval record,
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 30 July 1987, you enlisted in the Naval Reserve at age 17 with
parental consent and began a period of active service on
14 October 1987. On 1 February 1988, you had nonjudicial
punishment (NJP) for a day of unauthorized absence (UA). On
2 February 1988, you were counseled regarding deficiencies in
your performance and conduct and warned that further infractions
could result in disciplinary action or an other than honorable
(OTH) discharge. On 9 August 1989, you were placed in the Family
Advocacy Program and directed to attend a violence prevention
program. On 22 September 1989, you had NUP for assault
consummated by battery. On 1 November 1989, you were counseled
regarding deficiencies in your performance and conduct and warned
that further infractions could result in disciplinary action or
an OTH discharge. On 2 January 1990, you were convicted in civil
court of driving under the influence. The sentence included a
fine, confinement, public service, completion of a substance
abuse program, and probation. On 15 January 1990, you began a UA
that ended on 3 February 1990, a period of about 19 days. On
5 February 1990, you had NJP for the UA, missing the movement of
your ship, willful disobedience of a lawful order, assault
consummated by battery, and breaking restriction.
On 7 February 1990, your commanding officer initiated
administrative separation by reason of misconduct due to
commission of a serious offense, civil conviction, and a pattern
of misconduct. In connection with this processing, you
acknowledged that separation could result in an OTH discharge and
waived the right to have your case heard by an administrative
discharge board (ADB). On 6 April 1990, the separation authority
approved the separation recommendation and directed an OTH
discharge by reason of misconduct due to a pattern of misconduct.
On 16 April 1990, you were so discharged.
_The Board, in its review.of your entire record and application. |
carefully weighed all potential mitigation, such as your youth.
The Board also considered your belief that you were discharged
due to family issues. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct that
continued even after you were counseled regarding deficiencies in
your performance and conduct and warned that further infractions
could result in an OTH discharge. Regarding your contention, the
record shows that you were discharged due to a pattern of
misconduct, not family issues. Finally, the Board noted that you
waived the right to have your case heard by an ADB, your best
opportunity for retention or a more favorable characterization of
service. 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, ‘
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