DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
: REC
Docket No: 03098-0909
15 April 2010
oe
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 14 April 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
3 October 1991. On 31 October 1991, you received nonjudicial
punishment (NJP) for being in an unauthorized absence (UA)
status. On 1 May 1992, you were convicted by civil authorities
in San Diego, California for child endangerment and sentenced to
one year confinement, a fine of $600 and five years probation.
Administrative discharge action was initiated by reason of
misconduct due to conviction by a civil court. Your case was
heard by an administrative discharge board (ADB), which voted
three to zero in favor of an other than honorable discharge.
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct, You were discharged on 25 August 1922.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in one
NIP and civil conviction. 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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