DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
REC
Docket No: 02121-09
16 December 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 15 December 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
31 August 1989, at age 28. On 8 March 1990, you received
nonjudicial punishment (NJP) for a period of unauthorized absence
(UA) of 29 days and missing your ship’s movement. On 27 August
1990, you received NUP for being UA. On 11 June 1991, you
received NUP for being drunk and disorderly. On 25 July 1991,
you received NJP for being UA on six occasions during your
restriction from your previous NJP. On 30 July 1991,
administrative procedures were initiated due to your misconduct.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 15 August 1991, your commanding officer forwarded his
recommepdat ion that you be discharged under other than honorable
condityvons by reason of misconduct. The discharge authority
directed an other than honorable discharge by reason of
misconduct. On 28 August 1991, you were so Gischarged. At that
time you were assigned an RE-4 reenlistment code.
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 changing the
characterization of your discharge, given your record of four
NJP’s. The Board also 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,
Qed
W. DEAN E
Executive ‘D\ to
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