DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL
Docket No: 12399-08
30 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 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 reenlisted in the Navy on 6 October 1989 after four years of
honorable service. On 25 March 1992, you received nonjudicial »
punishment (NIP) for an unauthorized absence.
On 11 March 1993, your security clearance was revoked. On 9
April 1993, administrative discharge action was initiated to
separate you by reason of misconduct due to commission of a
serious offense, failure to pay just debts and writing checks
without sufficient funds. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 10 May 1993, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions. On 17
June 1993, the discharge authority directed an OTH discharge by
reason of misconduct due to commission of a serious offense. On
2 July 1993 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such ag your youth, prior
honorable service, and overail last record of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NJP and misconduct as a result of your continued financial
indebtedness, of which you were counseled and warned concerning
the consequences of further misconduct.
Finally, the Board found
that you waived the right to an ADB, your best chance for
retention or a better characterization
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action cannot be taken. You
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
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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