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NAVY | BCNR | CY2007 | 06294-07
Original file (06294-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SJN
 Docket No: 06294-07
19 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 7 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.
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 6 January 1992 at age 18. During the period from 14 July 1993 to 12 May 1995 you received thre.e nonjudicial punishments (NJP’s) for a brief period of. unauthorized absence (UA), six days of UA, and two instances of failure to go to your appointed place of duty. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 28 August 1995, you were convicted by civil authorities of disorderly conduct.
On 20 September 1995, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. You consulted with counsel and subsequently waived your right to have your case heard by an administrative discharge board (ADB). On 26 October 1995, you received a fourth NJP for absence from your appointed place of duty.


On 13 November 1995, your commanding offic e r forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 11 December 1995, the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 22 December 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, overall record of service, post service accomplishments, and character letters accompanying your application. 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, and civil conviction. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. 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,



ROBERT D. Z SALMAN
 Acting Executive Director














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