DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11198-07
14 November 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 on 25 August 1989 at age 19 and served
without disciplinary incident until 10 December 1991, when you
received nonjudicial punishment (NJP) for two periods of absence
from your appointed place of duty, disrespect, and two
specifications of disobedience. The punishment imposed was
restriction and extra duty for 30 days, a $200 forfeiture of pay,
and reduction to paygrade E-2, which was suspended for six
months. However, in January 1992, the suspended punishment was
vacated due to your continued misconduct, and on 31 January and
again on 18 February 1992 you received NUP for five periods of
failure to go to your appointed place of duty, two specifications
of dereliction of duty, and wrongful use of marijuana.
On 20 February 1992 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and commission of a serious offense as evidenced by
drug abuse. After consulting with legal counsel you elected to
present your case to an administrative discharge board (ADB). On
26 February 1992 an ADB recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. On 12 March 1992 your commanding officer, in
concurrence with the ADB, also recommended an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct. On 28 March 1992 1985 the discharge authority
approved these recommendations, and on 8 April 1992 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that your discharge was unjust because
of the death of your twin and time to mourn his death was not
taken into consideration. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct which resulted in three NUPs and included drug abuse.
Finally, there is no evidence in the record, and you submitted
none, to support your assertion. 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 ea S
Executive Dire
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