DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 10823-07
18 April 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 15 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 5 December 1991 at age 19. On 28
January 1993 you received non-judicial punishment (NJP) for 23
hours of unauthorized absence for which you forfeited $407,
which was suspended, and 30 days of restriction and extra duty.
On 2 April 1993 you received a second NJP for failure to go to
your appointed place of duty and failure to obey a lawful order.
On 13 May 1993 you received your third NIP for cheating ona
basic damage control test.
Based on your record of misconduct you were informed that you
would be processed for administrative discharge under other than
honorable conditions (OTH). You then waived your right to an
administrative discharge board (ADB) where you could have argued
for rention or a better discharge. On 18 June 1993 you received
an OTH discharge.
In view of your repeated acts of misconduct and your waiver toa
hearing the Board concluded that you were properly issued an OTH
discharge and there is no basis to change it now.
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,
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