DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJUN
Docket No: 08852-07
' 29 September 2008
This ig 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 September 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 18 December 1986 at age 24. On
29 October and 15 December 1987, you received nonjudicial
punishment (NJP) for disrespect and seven days of unauthorized
absence (UA). On 15 September 1988, you were convicted by
summary court-martial (SCM) of disrespect. Additionally, you
were counseled and warning that further misconduct could result
in administrative discharge action.
On 17 September 1988, 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 22 September 1988, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 29 September 1988, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. On
12 October 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, overall record of service, and post service
accomplishments. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your record of two NUP’s, conviction by SCM, and
the fact that you were counseled and warned of the consequences
of further misconduct. 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,
Executive
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