DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03100-08
12 February 2009
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 10 February 2009. 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 and began a period of active duty on
22 June 1988 at age 19. During the period from 22 October 1988
to 18 May 1990, you received three nonjudicial punishments
(NJP's) for assault, sleeping on watch, resisting arrest, two
instances of disobedience, absence from your appointed place of
duty, and two instances of disrespectful language. You were
counseled and warned that further misconduct could result in
administrative discharge action.
On 13 August and 27 November 1990, you received NJP for drinking
on duty, disrespect, driving under the influence, disobedience,
and assault. On 28 February 1992, you were convicted by special
court-martial (SPCM) of two specifications of conspiracy,
adultery, indecent acts, and false Swearing. You were sentenced
to a reduction in paygrade, a forfeiture of pay, and confinement.
On 16 March 1992, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your right to consult with counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB).
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. On 24 March 1992, the separation authority directed
an other than honorable discharge by reason of misconduct. On
18 April 1992 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of five NUJP’s, two of which
were imposed after you were counseled and warned concerning the
consequences of further misconduct, and conviction by SPCM for
very serious offenses. Further, you waived the right to an ADB,
your best chance for retention or a better characterization of
service. 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,
\S |
W. DEAN P
Executive Di r
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