DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3201-08
5 February 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 3 February 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 Naval Reserve on 9 January 1989 at age 28 and
began a period of active duty on 5 May 1989. You served without
disciplinary infraction until 28 December 1989, when you began a
period of unauthorized absence (UA). As a result, on 4 April
1990, you were convicted by special court-martial (SPCM) of
Missing the movement of your ship and a 49 day period of UA.
About three months later, on 13 July 1990, you received
nonjudicial punishment (NJP) for a three day period of UA. On 24
October 1990 you were convicted by summary court-martial (SCM) of
two periods of UA totalling 15 days, 13 periods of failure to go
to your appointed place of duty, and wrongful use of marijuana.
Your record reflects that during the period from 28 November 1990
to 8 January 1991 you were in a UA status on two more occantons
for two days. However, the record does not reflect the
disciplinary action taken, if any, for this misconduct.
Nonetheless, on 19 March 1991, you received another NUP for two
periods of absence from your appointed place of duty.
On 20 March 1991 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Subsequently, your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to a pattern of misconduct. The discharge
authority approved this recommendation, and on 24 June 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 and change your
narrative reason for separation. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of the narrative
reason for separation because of the seriousness of your
misconduct which resulted in two NUJPs and two court-martial
convictions. Finally, you were given an Opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. 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,
lp Bese
W. DEAN PFE
Executive D or
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