DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 00060-08
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 17 August 1999 at age 20. On 26
June 2000 you received non-judicial punishment for being
insubordinate to a superior and failure to obey a lawful order.
Less than one month later you were found guilty by summary
court-martial of one instance of failure to go to your appointed
place of duty, three instances of being disrespectful to a petty
officer and two instances of disobedience of orders.
Based on your disciplinary record you were informed that you
would be administratively processed for discharge and could
receive a discharge under other than honorable conditions (OTH).
You then waived your right to appear before an administrative
discharge board (ADB) where you could request retention or a
better discharge. As a result you received an OTH discharge on
17 August 2001.
In view of your extensive record of misconduct, occurring in a
relatively short period of time, as well as your waiver to an
ADB the Board concluded your discharge was proper and should not
be changed.
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,
Executive Dil
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