DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3809-08
10 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
8 April 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 27 December 1988, you enlisted in the Navy at age 19. On
13 April 1990, you had nonjudicial punishment (NJP) for disrespect
and destruction of government property. You were also counseled
regarding deficiencies in your performance and conduct, and warned
that further infractions could result in disciplinary action or an
other than honorable (OTH) discharge. On 30 January 1991, you had
NIP for drunk and disorderly conduct. On 19 July 1991, you were
counseled regarding deficiencies in your performance and conduct, and
given another discharge warning. On 26 July 1991, you had NUP for an
unspecified period of unauthorized absence. On that same date you
were reinstated to pay grade E-3 due to being an excellent worker and
highly deserving. On 27 March 1992, you had NUP for absence from
your appointed place of duty.
On 27 March 1992, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct.
In connection with this processing, you acknowledged that separation
could result in an OTH discharge and waived the right to have
your case heard by an administrative discharge board (ADB). On
5 June 1992, the separation authority approved the recommendation and
directed an OTH discharge by reason of misconduct due to a pattern of
misconduct. Based on verification of your date of discharge by the
Navy Personnel Command (Pers-312D1), on 5 July 1992, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
desire for a better discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your service due to the four NJP's. The Board also noted that you
waived the right to have your case heard by an ADB, your best
opportunity for retention or a more favorable characterization of
service. Therefore, the Board concluded that the discharge was
proper as issued and no change is warranted. Accordingly, your
application has been denied. The names and votes of the members of
the panel will be furnished upon request.
The Board noted that there 4s no record that you were ever issued a
Certificate of Release or Discharge From Active Duty (DD Form 214).
You may contact the National Personnel Record Center (Code 312-D2),
9700 Page Avenue, St. Louis, Missouri 63132-5100, to request issuance
of a DD Form 214.
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,
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