DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
SJN
Docket No: 09148-08
30 July 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 28 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 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 23 January 1990 at age 21. During the period from 11 February
1992 to 13 July 1993, you received three nonjudicial punishments
(NJP’s) for a brief period of unauthorized absence, failure to go
to your appointed place of duty, dereliction of duty, and three
specifications of uttering worthless checks. Additionally, you
were counseled and warned that further misconduct could result in
administrative discharge action.
On 21 July 1993, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. On 21 July 1993, your commanding officer recommended
discharge by reason of misconduct, with a characterization of
service under other than honorable conditions. On 28 July
1993, the separation authority directed an other than honorable
discharge by reason of misconduct. You were so discharged on
20 July 93.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of three NUP’s, 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,
Nan :
W. DEAN PF
Executive D tir
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