DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2195-08
6 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 thé Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 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.
On 25 September 1989, you enlisted in the Navy at age 18. On
27 December 1989, you had nonjudicial punishment (NUP) for a
brief instance of unauthorized absence (UA). You were also
counseled regarding deficiencies in your performance and
conduct and warned that further infractions could result in
disciplinary action or an other than honorable (OTH) discharge.
On 15 March 1990, you had NUP for an unspecified period of UA
and you were warned that further infractions could result in
disciplinary action or an OTH discharge. On 29 March and
17 May 1990, you had NJP for disrespect and five instances of
UA. On 13 July 1990, a medical evaluation diagnosed you as
being alcohol dependent. ,
On 26 August 1990, you were convicted by a special court-
martial of two instances of UA, disrespect, disobedience of a
lawful order, and assault. Your sentence included confinement,
forfeitures of pay, and a bad conduct discharge (BCD).
After the BCD was approved at all levels of review, on
12 September 1991, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
diagnosis of being alcohol dependent, and contention that your
punishment was too severe for the offenses. Nevertheless, the
Board concluded that these factors and contention were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct that resulted in a court-
martial conviction. Therefore, the Board concluded that the
discharge was proper as issued and no change is warranted.
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,
lay
W. DEAN PFEIE
Executive Di
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