DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51060 _
SUN
Docket No: 02409-0S
7 January 2010
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 5 January 2010. 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
19 November, 1986 at age 18. On 15 September 1987 and 5 January
1989, you received nonjudicial punishment (NTP) for an altered
military identification card and making a false official
statement. After your first NUP, you were counseled and warned
that further misconduct could result in administrative discharge
action. On 23 February 1989, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 6 March 1989, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable conditions by reason of misconduct. The discharge
authority directed an other than honorable discharge by reason of
misconduct due to commission of a serious offense. On.
20 April 1989 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, guch as your youth and record
of service. Nevertheless, the Board concluded these factors wer
not sufficient to warrant recharacterization of your discharge
because of your two NJP’s, one of which was imposed after you
were counseled and warned concerning the consequences of further
misconduct. Finally, the Board noted that you waived the right
to an ADB, your best chance 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,
W. DEAN P
Executive ector
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