DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-51006
TIR
Docket No: 2203-09
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 6 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 aii
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 13 April 1990 at age 19 and began a
period of active duty on 17 September 1990. You served without
disciplinary incident until 1 July 1993, when you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty. The punishment imposed was restriction and extra
duty for 15 days and reduction to paygrade E-1. On 15 November
1993 you received NUP for a 30 day period of unauthorized absence
(UA) and two specifications of missing the movement of your ship.
The punishment imposed was restriction an extra duty for 45 days
and a $814 forfeiture of pay.
Subsequently, on 21 November 1993, you were notified of pending
administrative separation action by reason of misconduct due to
commission of a serious offense. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB). On 20 November 1993
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 8 December 1993 the discharge authority
approved this recommendation and directed your commanding officer
to issue you an other than honorable discharge by reason of
misconduct, and on 14 December 1993, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, period of satisfactory service, 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 two NJPs. Finally, you were given
an opportunity to defend yourself but waived your procedural
right to present your case to an ADB. 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,
W. DEAN P FE
Executive ector
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