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NAVY | BCNR | CY2007 | 11013-07
Original file (11013-07.pdf) Auto-classification: Denied
BOA

 

DEPARTMENT OF THE NAVY
RD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMS
Docket No: 11013-07

21 August 2008

 

This is in reference
naval record pursuant

United States Code,

A three-member panel
Records, sitting in
application on 20 Aug
injustice were revie
regulations and proce
this Board. Document
consisted of your app
submitted in support
statutes, regulations

After careful and con
record, the Board fow
to establish the exis
injustice.

On 20 June 1990, you
a prior period of ho
3 April to 29 July 1
(NJP's}) and a suspen
included two instanc
dereliction in the p

 

On 3 August 1992, yo
administrative separ
commission of a seri
processing, you ackn
an other than honora
have your case heard

(ADB). On 16 Septem
the discharge recomm

 

@xecutive session,

to your application for correction of your
to the provisions of title 10 of the

section 1552.

of the Board for Correction of Naval
considered your

ust 2008. Your allegations of error and
ed in accordance with administrative

dures applicable to the proceedings of

ary material considered by the Board
lication, together with all material
thereof, your naval record, and applicable
and policies.

i

scientious consideration of the entire
nd the evidence submitted was insufficient

tence of probable material error or

reenlisted in the Navy at age 21 after
orable service. During the period

92, you had three nonjudicial punishments
ed punishment vacated. Your offenses

s of assault, breach of the peace, and
rformance of your duties.

r commanding officer initiated

tion by reason of misconduct due to

us offense. In connection with this
wledged that separation could result in

le (OTH) discharge and waived the right to
by an administrative discharge board

er 1992, the separation authority approved
ndation and directed an OTH discharge by
reason of misconduct
On 26 September 1992

due to commission of a serious offense.

| you were so discharged.

The Board, in its review of your entire record and application,
carefully weighed alll potential mitigation, such as your period

of honorable service
Nevertheless,

and desire for a better discharge.

the Board concluded that these factors were not

sufficient to warrant recharacterization of your discharge due

to your misconduct.

The Board also noted that you waived the

right to have your case heard by an ADB, your best opportunity
for retention or a more favorable characterization of service.

Therefore, the Board
issued and no change
application has been
of the panel will be

The Board noted that
honorable service, y
You should contact t

concluded that the discharge was proper as
is warranted. Accordingly, your
denied. The names and votes of the members

furnished upon request.

as a result of your prior period of
u may be eligible for veterans' benefits.

e nearest office of the Department of

Veterans Affairs if you desire clarification about your
eligibility for those benefits.

The Board further noted that you should contact the National

Personnel Record Center
63132-5100,

corrections be made on your DD Form 214,

St. Louis, Missouri

(Code PERS 312-D2), 9700 Page Avenue,
to request administrative
specifically, blocks 12

and an entry in block 18 to account for your period of honorable

service.

It is regretted that

that favorable action

the circumstances of your case are such
cannot be taken. You are entitled to

have the Board recongider its decision upon submission of new

and material evidenc
by the Board. In th

or other matter not previously considered
s regard, it is important to keep in mind

that a presumption of regularity attaches to all official

records.

Consequently,
official naval record,

when applying for a correction of an
the burden is on the applicant to

demonstrate the existtence of probable material error or

injustice.

Sincerely,
ROBERT D. SALMAN

Acting Executive Director

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