DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7840-08
24 August 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 29 July 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. probabie material
error or injustice.
The Board found that you enlisted in the Navy Reserve on 21
January 1988. You received three nonjudicial punishments for
offenses that included willful disobedience of a lawful order,
disrespect, and an unauthorized absence of nine days.
On 25 June 1989 your commanding officer recommended that you be
separated with a Gischarge under other than honorable conditions
by reason of misconduct Que to a pattern of misconduct. When
informed of this recommendation, you waived the right to consult
with counsel and to present your cage to an administrative
Gischarge board. After review by the discharge authority, the
recommendation for separation was approved and on 10 Septembr
1989 you were separated with a discharge under other than
honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record, and the contention that your misconduct was caused by the
explosion aboard the USS IOWA. The Board concluded that those
Factors were insufficient to warrant recharacterization of your
discharge, given the extent of your disciplinary record.
Accordingly, your application has been denied. ‘he 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,
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