DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 03341-08
27 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 24 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
13 April 1986 at age 20. During the period from 20 February to
11 August 1987, you received three nonjudicial punishments
(NJP’s) for absence from your appointed place of duty, two
instances of disobedience, two instances of drunk and disorderly
conduct, and assault consummated by a battery. On 3 February
1988, you were convicted by summary court-martial (SCM) of
larceny of a postal money order and attempted forgery. You were
sentenced to a reduction in paygrade, confinement, and suspended
forfeitures.
On 1 March 1988, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). You
elected only to obtain copies of documents supporting the basis
for separation.
On 14 March 1988, your commanding officer recommended discharge
due to misconduct, with a characterization of service of under
other than honorable conditions. He stated, in part, that you
were given more than enough chances to conform your conduct and
behavior to Navy standards, but continued to be a disciplinary
and administrative burden. On 19 March 1988, the separation
authority directed an other than honorable discharge by reason of
misconduct. You were so discharged on 23 March 1988.
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 four NJP’s and conviction by SCM for
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,
cated
We PFE
Executive Dire
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