DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7445-07
24 April 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 23 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.
On 20 April 1989, you enlisted in the Navy at age 21.
On 14 December 1989, you had nonjudicial punishment (NUP) for
larceny of government property, specifically, a 35mm camera.
You were also 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 5 February and 11 April 1990, you had NUP
for two instances of failure to go to your appointed place of
duty, three instances of breaking restriction, two instances of
disobedience of a lawful order, making a false official
statement, and wrongfully obtaining telephone services during
the period 1 October to 19 November 1989, of a total value of
$1,369.20.
On 12 April 1990, your commanding officer initiated
administrative separation by reason of misconduct due to
commission of a serious offense 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 23 April 1990, the separation authority
approved the separation recommendation and directed an OTH
discharge by reason of misconduct due to commission of a
serious offense. On 14 May 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,
regret for your misconduct, and desire for a better discharge.
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 and warned of the consequences of further
infractions. 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,
aoa
W. DEAN PFET
Executive Dir
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