DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 08127-08
26 June 2009
This ig 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 23 June 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
9 February 1988 at age 20. On 19 July 1988, you received
nonjudicial punishment (NUP) for absence from your appointed place
of duty and breach of the peace. On 8 November 1989 and
30 January 1990, you were convicted by civil authorities of
operating a motor vehicle on a suspended license. During the
period from 29 March 1990 to 23 April 1991, you received four
NJP’s for wrongful use of rations, two brief periods of
unauthorized absence, disobedience, and wrongfully obtaining
services.
On 23 April 1991, 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).
On 28 May 1991, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 20 June 1991, the
separation authority directed an other than honorable discharge
by reason of misconduct. On 12 July 1991 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service and post service conduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your civil convictions and five NJP’s 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,
\SQoad
W. DEAN PF
Executive Di
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