DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3595-09
12 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 21 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
23 July 1987 at age 18. On 24 June 1989, you received
nonjudicial punishment (NUP) for two instances of unauthorized
absence (UA) from your unit and missing ship’s movement. At that
time you were counseled and warned that further misconduct could
result in administrative discharge. On 23 October 1990, you
received NIP for a three day period of UA from your unit and
tissing ship’s movement. On 28 November 1990, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense, You waived your rights to
consuit counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 29 November 1990, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 3 December 1990, the separation authority
directed an OTH discharge by reason of misconduct due to
commission of a serious offense. On 7 December 1990 you were so
Gischarged.
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 that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board noted you were counseled and warned concerning the
consequences of further misconduct after your first NJP.
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
wpon 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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