DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4708-08
~ 22 May 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 20 May 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.
The Board found that you enlisted in the Navy on 29 August 1988.
On 17 November 1989 a summary court-martial convened and found
you guilty of failure to go to appointed place of duty,
disobeying a lawful order from a superjor petty officer, making a
false official statement, assault, and impersonating a petty
officer. The court sentenced you to confinement for 30 Gays,
forfeiture of $430.00, and reduction in rank.
On 3 January 1990 your commanding officer recommended that you be
separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense. After being informed of the
recommendation® you elected to waive the right to present your
case to an administrative discharge board. The recommendation
was approved by the separation authority, and you were separated
with a discharge under other than honorable conditions on 19
January 1990.
In its review of your application, the Board carefully considered
your contention to the effect that you were a victim of racial
discrimination and unfair treatment, which contributed to your
acts of indiscipline, but found it to be unsubstantiated and
insufficient to warrant the approval of your request for
corrective action. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Tt 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,
W. DEAN PFE F
Executive Dikec
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