DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 2082-08
23 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 22 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 1 December 1988 at age 18. You
served for nearly a year without disciplinary infractions, but on
22 November 1989 you received nonjudicial punishment (NUP) for
two periods of failure to go to your appointed place of duty,
absence from your appointed place of duty, and two specifications
of failure to obey a lawful order.
On 8 and 22 October 1990 you received NUP for assault and
battery, conspiracy to commit assault, and dereliction of duty.
On 28 October 1991 you received your fourth NUP for failure to
obey a lawful order and absence from your appointed place of
duty.
Subsequently, on 20 December 1991, you were notified of pending
administrative separation action by reason of misconduct due to
commission of a serious offense. After consulting with legal
counsel you elected to present your case to an administrative
discharge board (ADB). On 7 February 1991 an ADB recommended
discharge under other than honorable conditions by reason of
misconduct due to commission of a serious offense. On 5 March
1991 your commanding officer also recommended an other than
honorable discharge by reason of misconduct due to commission of
a serious offense. On 16 March 1991 the discharge authority
approved these recommendations, and on 25 March 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 and desire to upgrade your discharge. It also
considered your assertion that you were told that your discharge
would be upgraded six months after your separation.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in four NJPs. 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,
Executive or
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