DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
BAN
Docket No: 0075-09
26 October 2009
our application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Séction 1552. —
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 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 on 3 May 1989 and served without
disciplinary incident until 14 September 1989, when you received
nonjudicial punishment: (NUP) for failure to obey a lawful order
by drinking alcohol while underage, disrespect in language and
hand gesture, and wrongfully communicating a threat.
August 1990, for assault consummated by battery and disorderly
conduct; and on 16 November 1990, for two specifications of
unauthorized absence (UA). You were recommended for separation
with a general discharge due to your misconduct. However, you
‘continued your misconduct by going UA for approximately eight
months. Upon your return to military control, the separation
authority disapproved your commanding officer’s recommendation
for a general discharge and approved an other than honorable
(OTH) discharge. You waived all of your procedural rights, to
ncGlude your right to an administrative discharge board (ADB).
Therefore, on 25 September 1991, you were separated with an OTH
discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. The Board found
you waived your 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,
\y ey 5
Dury
Executive or
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