DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 02558-09
22 February 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 17 February 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
5 August 1998 at age 18. During the period from 7 July 2000 to
16 July 2001, you received three nonjudicial punishments (NJP’s)
for destruction of property, two instances of assault, two
periods of unauthorized absence (UA) totaling 24 days, missing
movement, and two instances of disobedience. On 25 July 2001,
administrative discharge action was initiated to separate you by
reason of misconduct due to commission of a serious offense. You
elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 28 August 2001, the ADB
recommended separation with an other than honorable discharge by
reason of misconduct. On 19 September 2001, your commanding
officer concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. On 15 October 2001, the
separation authority directed an other than honorable discharge
by reason of misconduct due to commission of a serious offense.
On 2 November 2001 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s for
serious offenses. 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,
\ Gren)
W. DEAN PFE
Executive Direat
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