DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TUR
Docket No: 2392-09
23 February 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.
RK three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 February 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 congidered 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 19 February 1986 at age 19 and began
a period of active duty on 17 March 1986. You served without
disciplinary incident until 18 dune 1987, when you received
nonjudicial punishment (NTP) for a two day period of unauthorized
absence (UA). About four months later, on 10 October 1987, you
received NIP for a 22 day period of UA.
On 23 March 1988 you received NUP for two periods of UA totalling
two days, failure to obey a lawful order, and four periods of
absence from your appointed place of duty. The punishment
imposed was restriction and extra duty for i5 days. On 24
February 1984 you received NUP for disobedience. The punishment
imposed was reduction to paygrade E-1, and a $400 forfeiture of
pay. Nearly a year later, on 16 January 1985, you were convicted
by summary court-martial (SCM) of absence from your appointed
place of duty and disrespect. You were sentenced to a $463
forfeiture of pay and reduction to paygrade E-1.
On 5 April 1988 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and 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 3 May
1988 your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due toa
pattern of misconduct and commission of a serious offense. On 15
May 1985 the discharge authority approved this recommendation and
directed separation under other than honorable conditions by
reason of misconduct and on 25 May 1988 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 and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in three NJPs and a SCM. Further, you
were given an opportunity to defend your actions, 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,
Executive
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