DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2004-08
10 December 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 December 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 15 October 1991 at age 18 and served
without disciplinary incident until 27 October 1993, when you
received nonjudicial punishment (NJP) for assault, disrespect,
absence from your appointed place of duty, and failure to obey a
lawful order. About four months later, on 1 and 11 February
1994, you received NUP for absence from your appointed place of
duty, disrespect, and failure to obey a lawful order.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct as evidenced by the three NUPs. At that time you
waived your right to consult with legal counsel and to present
your case to an administrative discharge board (ADB). On 14
February 1994 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to a pattern of
tisgconduct. On 18 February 1994 the discharg: authority approved
this recommendation, and on 22 February 1994, you were so
discharged and assiqned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and assertion of racial
profiling. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
three NUPs. Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. 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,
le\dea ยง
W. DEAN PFENF
Executive ettor
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