DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket} No: 09919-07
26 November 2008
This is in reference to your application for correc
naval record pursuant to:the provisions of Title 10
States Code, Section 1552.
A three-member panel of the Board for Correction of
Records, sitting in executive session,
application on 25 November 2008. Your allegations
injustice were reviewed in accordance with administ
regulations and procedures applicable to the procee
Board. Documentary material considered by the Boar
your application, together with all material submit
thereof, your naval record, and applicable statutes
and policies.
After careful and conscientious consideration of th
record, the Board found the evidence submitted was
to establish the existence of probable material err
injustice.
You enlisted in the Navy and began a period of acti
24 August 1987 at age 19. On 8 November 1988, you
by summary court-martial (SCM) of larceny. During
from 9 March 1989 to 17 May 1990 you received five
punishments (NJP’s) for failure to go to your appoi
considered y
tion of your
United
f
Naval
our
of error and
Irative
ings of this
2 consisted of
ed in support
, regulations,
e entire
insufficient
or or
ve duty on
were convicted
he period
onjudicial
ted place of
duty, two instances of disrespect, two specifications of altering
an identification card,
period of unauthorized absence
document.
(UA), and altering a
On 24 May 1990 you were notified of pending adminis
two instances of disobedience,
a brief
official
trative
separation action by reason of misconduct due to commission of a
serious offence.
You waived your right to consult with counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB),
On 25 May 1990, your commanding officer forwarded h
recommendation that you be discharged under other t
conditions by reason of misconduct. On 30 May 1990
discharge authority directed an other than honorabl
reason of misconduct due to commission of a serious
31 May 1990 you were so discharged.
The Board, in its review of your application,
all potentially mitigating factors,
overall record of service. Nevertheless, the Board
these factors were not sufficient to warrant rechar
of your discharge given your conviction by SCM and
Further, you waived the right to an ADB, your best
retention or a better characterization of service.
your application has been denied.
It is regretted that the circumstances of your case
favorable action cannot be taken. You are entitled
Board reconsider its decision upon submission of ne
evidence or other matter not previously considered
In this regard, it is important to keep in mind tha
presumption of regularity attaches to all official
Consequently, when applying for a correction of an
record, the burden is on the applicant to demonstra
existence of probable material error or injustice.
Sincerely,
is
han honorable
the
,
e discharge by
offense. On
carefully weighed
such as your youth and
found that
acterization
five NUP’s.
chance for
Accordingly,
The names and votes of the
members of the panel will be furnished upon request\.
are such that
to have the
and material
y the Board.
a
ecords.
fficial naval
e the
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