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NAVY | BCNR | CY2008 | 01275-08
Original file (01275-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

RDZ: ech
Docket No. 01275-08
21 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 19 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 on 19 July 1990 at age 17 for a term of
four years. Over the next one year, 10 months and seven days of
service you received nonjudicial punishment (NJP) on four
occasions. Your offenses consisted of larceny of a wristwatch,
failure to obey a lawful order, five instances of absence from
your duty station and 18 days of unauthorized absence. Asa
result you were administratively separated with an other than
honorable (OTH) discharge on 16 June 1992.
In its review of your application the Board took into account
all extenuating and mitigating matters such as your youth and
service aboard USS Midway during the Gulf War. Nevertheless in
view of your repeated acts of misconduct and the seriousness of
your last offense the Board concluded that your discharge was
proper as issued and should not be changed now as a matter of

clemency.

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 E
Executive D Xr

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