DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02874-08
8 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 11 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 16 January 1988, and served without
disciplinary incident until 20 June 1991, when you were found
guilty at a nonjudicial punishment (NUP) for failure to obey a
lawful order (two specifications), and a general order violation.
Shortly thereafter, on 23 July 1991, you were convicted at a
special court-martial for insubordinate conduct toward a
noncommissioned officer (two specifications) and for assault.
In October 1991, you were notified of processing for
administrative separation due to a pattern of misconduct. You
were advised of your rights and elected not to consult with
counsel. You were recommended for discharge under other than
honorable (OTH) conditions. The separation authority approved
these recommendations and directed an OTH discharge with an RE-4
reenlistment code, and on 18 October 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 the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. 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,
\y
W. DEAN
Executive
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