DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100
SJN
Docket No: 11901-08
29 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 27.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
‘25 November 1986 at age 17. During the period from 10 April 1987
to 12 June 1989, you received five nonjudicial punishments
(NJP’s) for four instances of absence from your appointed place
of duty, three instances of disobedience, possession of alcohol
while underage, two periods of unauthorized absence totaling five
days, missing movement, and assault. Additionally, you were
counseled and warned that further misconduct could result in
administrative discharge action.
On 15 June 1989, 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. On 23 June 1989, the discharge authority directed an
other than honorable discharge by reason of misconduct. On
15 August 1989 you were so 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, four of which
were imposed after 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.
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,
' W, DEAN PFEIKF
'Bxeecutive Direc
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