DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8132-07
8 October 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 7 October 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 Naval Reserve on 8 April 1987 at age 19 and
began a period of active duty on 10 April 1987. You served about
seven months without disciplinary incident, but on 10 December
1987, you received nonjudicial punishment (NJP) on two occasions
for two periods of unauthorized absence (UA) totalling six days,
missing the movement of your ship, disobedience, failure to obey
a lawful order, resisting arrest, destruction of government
property, and 10 specifications of an unspecified offense.
On 30 December 1987 you were notified of pending administrative
separation action by reason of misconduct due to 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). Subsequently, your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to commission of a serious offense. On 6 January
1988 the discharge authority approved this recommendation, and on
28 January 1988, 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 and assertion that your mother’s health was not
considered as a factor when you were discharged. It also
considered your assertion that you were not afforded legal
representation. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct. Finally, you
were given an opportunity to defend yourself, but waived your
procedural rights 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,
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