DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SON
Docket No: 11178-08
21 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-membet panel of the Board for Correction of Naval
‘Records, sitting in executive session, considered your.
application on 14 October 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
19 October 1989 at age 20. During the period from 12 July 1990
to 25 March 1993, you received five nonjudicial punishments
(NIP’s) for insubordinate conduct, four instances of
disobedience, two periods of unauthorized absence, two instances
of disrespect, breach of the peace, and being drunk on duty.
Additionally, you were counseled and warned on more than one
oecasion, that further misconduct could result in administrative
discharge action.
Based on the information currently contained in your record,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. The GQischarge authority directed an other than
honorable discharge by reason of misconduct. On 4 April 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 five NJP’s and the fact
that you were counseled and warned of the consequences of further
misconduct. Finally, the Board noted that you waived the right
to an ADB, your best opportunity 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.
With regard to receiving a copy of your official military record,
it is recommended that you: direct your request to: National -
Personnel Records, 9700 Page Boulevard, St. Louis, MO 63132. I.
have enclosed a Standard Form 180 with instructions on how to
obtain a copy.
It is fegretted 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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