DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4360-09
20 November 2009
mae ee
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 16 October 2009. Your ailegations 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 ail 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. a
The Board found that you enlisted in the Navy on 5 August 1987.
aM seceuved two nonjudicial punishments for offenses that
included two periods of unauthorized absence, failure to go to
appointed place of duty, and missing movement.
On 22 May 1992 an administrative discharge board recommended that
you be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense. After review by the discharge
authority, the recommendation for separation was approved and on
13 August 1992 you were separated with a discharge under other
than honorable conditions.
In its review of your application, the Board carefully considered
your contention to the effect that you were a victim of
homosexual discrimination and unfair treatment, which Contributed
to your acts of indiscipline, but found it unsubstantiated and
insufficient to warrant the approval of your request for
corrective action. In addition, the Board is not allowed to pay
compensatory damages. 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,
Ly Pouns
W. DEAN PFE
Executive D or
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