DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20376-5100 | SON
Docket No: 10220-08
'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 materiai submitted in support
thereof, your naval record, and applicable statutes, requlations,
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 November 1992 at age 18. On 17 June and 2 July 1994, you
received nonjudicial punishment (NJP) for four instances of
failure to go to your appointed place of duty, disobedience, and
‘sleeping on watch. Additionally,.you were counseled and warned.
after your first NUP, that further misconduct could result. in
administrative discharge action.
On 8 duly 1994, administrative dis charge action was snitiated by
Yeason of misconduct due to commission of a serious offens You
Waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On
10 July 1994, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reagon of misconduct. On 21 July 1994, the
digcharge authority directed an other than honorsble discharge by
reason of misconduct due to commission of a serious offense. On
23 August 1994 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service medical issues.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your two NJP’s, one of which was imposed after you
were counseled and warned concerning the consequences of further
misconduct. Finally, the Board noted that 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,
\QQean
W. DEAN PFEVF
Executive Dike& Ror
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