DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03688-08
2 April 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 31 March 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
4 December 1989 at age 20. During the period from 27 September
1990 to 11 July 1991, you received three nonjudicial punishments
(NJPs) for three specifications of disrespect, two instances of
disobedience, three instances of absence from your appointed
place. of duty, dereliction of duty, five specifications of false
official statements, two brief periods of unauthorized absence,
and failure to go to your appointed place of duty. Additionally,
after your second NUP, you were counseled and warned that further
misconduct could result in administrative discharge action.
On 15 July 1991, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 26 July 1991, an ADB unatimously found that you had committed
misconduct due to a pattern of misconduct, and recommended
discharge under other than honorable conditions. On 6 August
1991, your commanding officer concurred with the ADB and
forwarded your case to the discharge authority for review. On
28 August 1991, the discharge authority directed an other than
honorable (OTH) discharge by reason of misconduct due to a
pattern of misconduct. However, On 3 September 1991, you
received a fourth NJP for destruction of military property and
drunk and disorderly conduct. On 20 September 1991 you received
the OTH.
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 four NUP’s, one of which
was imposed after you were counseled and warned concerning the
consequences of further misconduct, and one after you had been
notified of your pending separation. 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,
\ esac,
W. DEAN PF
Executive e r
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