DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 1092-08
26 November 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 25 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy Reserve on 28 August 1989 at age 19 with
a three year active duty obligation. You reported to active duty
on 30 August 1989. During the period from 9 February 1990 to 12
November 1991, you received nonjudicial punishment on at least
four occasions. Your offenses were several absences from your
appointed place of duty, disobedience, disrespect, assault,
disorderly conduct and indecent exposure.
Based on the foregoing record of misconduct, you were processed
for an administrative discharge. In connection with this
processing, you elected to waive the right to have your case
heard by an administrative discharge board. After review, the
separation authority directed discharge under other than
honorable conditions and you were so discharged on 5 December
1.9 OF,
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
contentions, in effect, that you were not guilty of the assault
and indecent exposure charges and that you waived your right to
contest the discharge because you were intimidated by your
superiors. The Board found that these factors and contentions
were not sufficient to warrant recharacterization of your
discharge given your record of four disciplinary actions for
multiple offenses. 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 P
Executive ewWor
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