’ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 2017-08
7 January 2009
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 6 January 2009. The names and votes of the
members of the panel will be furnished upon request.
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 9 June 1988 and served without
disciplinary incident until 27 April 1989, when you received
nonjudicial punishment (NIP) for three periods of absence from
your appointed place of duty.
On 10 January and again on 6 June 1991 you received NUP for
underage drinking, failure to go to your appointed place of duty,
failure to obey a lawful order, disobedience, missing the
movement of your ship, and a 29 day period of unauthorized
absence (UA).
On 7 July 1991 you were notified of pending administrative
discharge action by reason of misconduct due to a pattern of
misconduct. You waived your right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB). On 9 July 1991 your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct. The discharge authority approved this recommendation
and directed an other than honorable discharge and on 23 August
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, awards, and desire to have your discharge upgraded
for medical reasons. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct. Finally, you
were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
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,
Ss
‘W. DEAN P R
Executive ecjior
Nd
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