DEPARTMENT OF THE NAVY
Docket No: 08810-07
19 September 2008
ard for Correction of Naval
session, considered your
Your allegations of error and
injustice were reviewed in accordance with administrative
dures applicable to the proceedings of this
regulations and proce
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 12 June 1989 at age 18. On
1 February and 30 August 1991, you received nonjudicial
punishments (NIP’s) for two snstances of drunk and disorderly
conduct, two instances of underage drinking, and three instances
of absence from your appointed place of duty. Additionally, you
were given an administrative warning after your first NUP.
On 27 December 1991, you were convicted by summary count-martial
(scm) of six specification of unauthorized absence (UA) totaling
33 days, and four specifications of absence from your appointed
place of duty. you were sentenced to confinement, a forfeiture
of pay, and a reduction in paygrade.
On 10 February 1992, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your right to consult with counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB) .
On 26 February 1992, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 4 March 1992, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. On 9 March
1992 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of two NUP’s, one of which
was imposed after you were counseled and warned of the
consequences of further misconduct, and conviction by SCM for
period of UA totaling over 30 days. 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,
Re > & %,
For_W. DEAN P FFER
Fxecutive Director
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