DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TAL
WASHINGTON DC 20370-5100 Docket No: 12353-08
30 October 2009
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 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 23
September. 1991 at age 19. On 11 September 1992, you received
nhonjudicial punishment: (NUP) for assault consummated by a
battery. On 11 September 1992, you were notified of a 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 4 November i992, an ADB unanimously
found that you had committed misconduct due to commission of a
serious offense and recommended discharge under other than
honorable (OTH) conditions. Subsequently, your commanding
officer concurred with the ADB and forwarded your case to the
discharge authority for review. On 28 December 1992, the
discharge authority directed an OTH discharge by reason of
Misconduct due to commission of a serious offense. On 20 January
1993 you were so discharged.
The Board, in its review of your application, carefully weighed
ali potentially mitigating factors, such as your youth and
overall revord of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
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 PFE
Executive Di r
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