DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DG 20370-5100
TAL
Docket No: 02664-09
29 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&A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 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
1 August 1991 at age 18. On 17 February 1993, you received
nonjudicial punishment (NIP) for unauthorized absence from your
unit. On 17 August 1993, you yeceived NUP for larceny. On 21
October 1993, you received NJP for two instances of disrespect
toward a petty officer, obstructing justice, and drunk and ,
disorderly conduct. On 2 November 1993, administrative discharge
action was initiated by reason of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 10 November
1993, your commanding officer forwarded his recommendation that
you be discharged under other than honorable (OTH) conditions by
reason of misconduct. On 29 November 1993, the discharge
authority directed an OTH discharge by reason of misconduct.
On 3 December 1993 you were 80 discharged.
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 chat
these factors were not sufficient to warrant recharacterization
Of your discharge given the seriousness of your misconduct.
Finally, the Board 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,
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