DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6392-07
29 April 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 22 April 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 July 1988 at age 19 and served
without disciplinary incident until 16 January 1990 when you
received nonjudicial punishment (NJP) for a two day period of
unauthorized absence (UA), disobedience, and two periods of
absence from your appointed place of duty. About four months
later, on 20 May 1990, you were convicted by summary court-
martial (SCM) of four specifications of uttering worthless checks
in the amount of $400. You were sentenced to confinement for 30
days and reduction to paygrade E-2.
On 22 October 1991 you received NUP for 12 specifications of
uttering worthless checks in the amount of $1,886.50 and failure
to go to your appointed place of duty. The punishment imposed
was restriction and extra duty for 45 days and reduction to
paygrade E-1.
On 1 November 1991 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and commission of a serious offense. At that time you
waived your right to consult with legal counsel and to present
your case to an administrative discharge board (ADB). On 14
November 1985 your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to a
pattern of misconduct and commission of a serious offense. On 20
November 1991 the discharge authority approved this
recommendation and directed an other than honorable discharge,
and on 25 November 1991 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, personal testimony, and desire to have your discharge
upgraded. It also considered the character reference letters
provided in support of your case. 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 two NJPs and a
court-martial conviction. Finally, you were given an opportunity
to defend yourself, but waived your procedural 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,
Ley 24 ‘
W. DE F
Executive tor
N
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