DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 10213-08
5 October 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 September 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
21 November 1989 at age 21. On 30 April 1992 and 6 Suly 1993,
you received nonjudicial punishment (NUP) for three instances of
disobedience, dereliction of duty, and assault.
On 23 July 1983, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 1 September 1993, an ADB found that you had committed
misconduct due to commission of a serious offense, and
recommended Gischarge under other than honorable conditions.
Subsequently, your commanding officer concurred with the ADB and
forwarded your case to the discharge authority for review. On 22
September 1993, the o-:ucharge authority directed an other than
honorable discharge by reason of misconduct. On 1 October 1993
you were go discharged.
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 two NUP’s for serious
offenses. 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,
Ly Weng lo |
W. DEAN PFEI
Executive Dirac
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