DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01800-08
14 October 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 9 October 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 24 August 1989. You served without
disciplinary incident until 31 July 1990, when you were charged
and found guilty at a special court-martial for an unauthorized
absence (UA), missing ship’s movement, and violating general
orders (seven specifications) .
In addition, you had the following NUP’s: on 19 October 1990,
dereliction of duty, on 23 August 1991, UA, on 26 August 1991,
wrongfully possessing alcohol aboard a ship, and larceny.
You were notified of your processing for administrative
separation due to your pattern of misconduct. You were advised
of your rights and elected not to consult with counsel. On 17
September 1991, you were recommended for an other than honorable
(OTH) discharge. On 17 October 1991, the separation authority
approved these recommendations and directed an OTH discharge with
an RE-4 reenlistment code, and on 24 October 1991, 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. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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,
Ld pea P
W. DEAN PF
Executive D
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