DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 1103-08
20 February 2009
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 18 February 2009. 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 18 August 1987 at age 17. On 9
November 1987 you received nonjudicial punishment for an
unauthorized absence of about one day. On 22 September 1988 you
were convicted by a summary court-martial of insubordinate
conduct and assaulting a petty officer by breaking his finger.
The court sentenced you to forfeitures of pay and 24 days
confinement.
On 24 September 1988 you were notified of separation processing
by reason of misconduct due to commission of a serious offense.
At that time, you elected to waive the right to have your case
heard by an administrative discharge board. The commanding
officer stated in his letter recommending your discharge that you
were belligerent and argumentative with petty officers and
shipmates and that you had intentionally broken the petty
officer's finger. After review, the separation authority
directed discharge under other than honorable conditions and you
were so discharged on 13 October 1988.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, limited
education and contention that you have turned your life around
and are a good citizen. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct while in
the Navy. 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,
lo!
W. DEAN P
Executive Di
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