DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 . SIN
Docket No: 09637-08
14 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 11 August 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 ail 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
12 November 1987 at age 18. On 17 September 1988 and 6 May 1989,
you received nonjudicial punishment (NUP) for three periods of
unauthorized absence (UA) totaling 19 days. On 11 December 1989,
you were convicted by special court-martial (SPCM) of 111 days of.
UA. You were sentenced to confinement at hard labor, a ©
forfeiture of pay, and a reduction in paygrade. On 29 March
1990, you were released from confinement and restored to full
duty.
On 10 April 1990, 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).
You elected only to obtain copies of documents supporting the
basis for separation.
On 1 May 1990, your commanding officer recommended discharge by
reason of misconduct, with a characterization of service of under
other than honorable conditions. On 5 June 1990, the discharge
authority directed an other than honorable discharge by reason of
misconduct. You were so discharged on 15 June 1990.
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 two NUP’s and conviction by SPCM for
a lengthy period of UA. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
With regard to corrections to your Certificate of Release or
Discharge from Active Duty (DD Form 214), it is recommended that
you direct your request to: Commander, Naval Military Personnel
- Command (Code 312), 5720 Integrity Drive, Millington, Tennessee
38055-3120.
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,
WD Nea
W. DEAN PF
Executive
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