DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
“WASHINGTON DC 20370-5100
TIR
Docket No: 1712-09
11 January 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 5 January 2010. The names and -votes~of the”
members of the panel will be furnished upon request. 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 11 December 1987 at age 17 and began
a period of active duty on 15 August 1988. You served without
disciplinary incident until 11 July 1990, when you received
nonjudicial punishment (NUP) for absence from your appointed
place of duty. On 28 November and 13 December 1990 you received
NIP for two incidents of failure to obey a lawful order and
absence from your appointed place of duty.
On 18 December 1990 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Subsequently, your commanding officer
recommended discharge under honorable conditions by reason of
misconduct due to a pattern of misconduct. Shortly thereafter,
the discharge authority approved this recommendation and directed
your commanding officer to issue you a general discharge by
reason of misconduct, and on 2 January 1991, you were so
discharged. .
The Board, in its review of your entire record and application,
' garefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in three NUPs. Further, Sailors separated by reason of
misconduct normally received discharges under other than
honorable conditions, and as such the Board noted that you were
Fortunate to receive a general discharge. Accordingly, your
application has been denied.
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,
\Qass }
W. DEAN PF PRE
Executive 3
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