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Decision Text

NAVY | BCNR | CY2008 | 11254-08
Original file (11254-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORQS.,

"2 NAVY ANNEX
WASHINGTON Dc 20370-5100, Docket No: 11254-08
8 June 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 3 June 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 cf the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Navy on 21 March 1990.
You received six nonjudicial punishments for offenses that
included failure to obey a lawful order, breach of the peace,
possession of steroids, assault, disrespect, wearing an earring
while in a liberty status, leaving place of duty without relief,
and breaking restriction.

On 20 October 1991 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. After being informed of the recommendation, you
elected to waive the right to present your case to an
administrative discharge board. The recommendation was approved
by the separation authority, and you were separated with a
discharge under other than honorable conditions on 7 November
1991. SEEM EEE ie UN

In its review of your application, the Board carefully considered
your contention to the effect that you were discharged for
misconduct that is now tolerated, but found it to be
unsubstantiated and insufficient to warrant the approval of your
request for corrective action. 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,

WW. DEAN P Hi
Executive tor

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