DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8760-08 .
25 June 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 24 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 and medical records,
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 entered active
duty in the Navy on 11 September 1989. You received ©
nonjudicial punishment (NJP) on two occasions for two instances
of failure to obey a lawful order or regulation ( wrongful
possession of drug paraphernalia and government property),
Larceny and wrongful appropriation (six specifications of
possession of government property). After your first NJP, you
were counseled and warned that further misconduct could result
in administrative separation and an other than honorable (OTH)
discharge. On 16 December 1991, you were notified of pending
administrative separation processing for an OTH discharge due
to misconduct for commission of a serious offense (COSO), and
an RE-4 reenlistment code. You waived your right to an
administrative discharge board (ADB). On 3 January 1992, the
separation authority approved your commanding officer's
recommendation that you receive an OTH discharge for misconduct
due to COSO, and the assignment of an RE-~4 reenlistment code.
You were so discharged on 13 January 1992.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and desire
to continue your education. Nevertheless, the Board concluded
that these factors were not sufficient to warrant changing your
OTH discharge because of your serious and numerous acts of
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. In view of the above, 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,
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