DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
DC 20370-5100
WASHINGTON Docket No: 10914-07
13 August 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 5 August 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 1 February 1988 at age 21. During
the period from 27 April 1989 to 1 December 1989, you received
nonjudicial punishment (NJP) on three occasions. Your offenses
were three periods of unauthorized absence totaling about 13
days. Based on this record of misconduct you were processed for
an administrative discharge by reason of a pattern of misconduct.
An administrative discharge board (ADB) met on 3 April 1990 and
found that you had committed misconduct which warranted
discharge. However, the majority of the ADB recommended that you
receive a general discharge.
On 5 April 1990 you received your fourth NUP for an unauthorized
absence of about 16 days, missing movement and larceny. On 25
April 1990, your commanding officer recommended that you receive
a discharge under other than honorable conditions. After review,
the discharge authority noted that this was inappropriate since
the majority of the ADB had recommended a general discharge.
However, since you had committed additional misconduct the
command was authorized to again process you for an administrative
discharge. On 8 May 1990 you received your fifth NUP for a short
period of unauthorized absence and use of drugs.
On 8 May 1990 you were again notified of separation processing by
reason of misconduct. In connection with this processing, you
elected to waive the right to have your case heard by an ADB.
After review, the separation authority directed discharge under
other than honorable conditions and you were so discharged on 12
May 1990.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and desire for
recharacterization of your discharge so that you can receive
veterans' benefits. The Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your extensive disciplinary record and especially your serious
misconduct after your initial processing for an administrative
discharge. The Board concluded that the discharge was proper as
issued and no change is warranted.
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,
\ _
W. DEAN PF
Executive D xX
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