DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2235-08
30 October 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 the Board for Correction of Naval Records,
sitting in executive session, considered your application on
29 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 8 March 1989, you enlisted in the Navy Reserve at age 18.
On 19 November 1990, you had nonjudicial punishment (NJP) for two
instances of unauthorized absence (UA) totaling about 20 days. 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 7 November 1991, you had NUP for a day of UA. On 8 November 1991,
you were counseled regarding deficiencies in your performance and
conduct and warned that further infractions could result in
disciplinary action or an OTH discharge. On 15 November 1991, you
had NUP for an unspecified period of UA and breaking restriction.
On 22 November 1991, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct.
In connection with this processing, you acknowledged that separation
could result in an OTH discharge and waived the right to have your
case heard by an administrative discharge board (ADB). On
16 December 1991, the separation authority approved the discharge
recommendation, but directed an OTH discharge by reason of misconduct
due to commission of a serious offense. On 25 December 1991, you
began a period of UA. On 6 January 1992, while in absentia, you were
discharged with an OTH discharge by reason of misconduct due to
commission of a serious offense.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
awards, and desire for a better discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of your
misconduct that continued even after you were warned that further
infractions could result in an OTH discharge. The Board also noted
that you waived the right to have your case heard by an ADB, your
best opportunity for retention or a more favorable characterization
of service. 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,
W. DEAN PFEI
Executive Dir
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