DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 8799-07
6 November 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 5 November 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 16 June 1989 at age 19 and served
without disciplinary incident until 20 November 1990, when you
received nonjudicial punishment (NUP) for an eight day period of
unauthorized absence (UA). Less than a month later, on 13
December 1990, you received NJP for a five day period of UA.
Your record contains an administrative remarks entry dated 7
February 1991 which states, in part, that you had successfully
completed Level II treatment and were assigned to a one-year
aftercare program. You were advised at that time that your
failure to comply with the program could result in an
administrative discharge. On 27 June 1971 you received NJP for
two periods of UA totalling nine days and missing the movement of
your ship. Shortly thereafter, on 3 July 1991, you were
diagnosed with alcohol dependency and recommended for Level III
treatment.
Subsequently, on 23 October 1991, you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct. At that time you waived your right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 15 November 1991 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct. On 20 November
1991 the discharge authority directed discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct, and on 27 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, post service conduct, and desire to upgrade your
discharge. It also considered the 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 your repetitive misconduct which resulted in
three NUPs. 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,
Executive Di
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