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NAVY | BCNR | CY2007 | 09614-07
Original file (09614-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN

Docket No: 09614-07
17 November 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 13 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 and began a period of active duty on

16 July 1998 at age 18. During the period from 21 April 1999 to
3 March 2000 you received four nonjudicial punishments (NJP’s)
for two periods of unauthorized absence, two instances of
disobedience, communicating a threat, and wrongful appropriation.

Based on the information currently contained in your record, you
were processed for administrative separation by reason of
misconduct due to a pattern of misconduct. It also appears that
when notified of this action, you waived the right to present
your case to an administrative discharge board (ADB). On

30 March 2000 you were discharged under other than honorable
conditions.

The Board, in its review of your entire record and 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 four
NUJP’s. Further, it appears 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 Dir

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