DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4677-09
12 March 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 3 March 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
22 April 1991 at age 24. On 28 October 1992, you received
nonjudicial punishment (NUP) for unauthorized absence: (UA) from
your unit. At that time you were counséled and warned that
further misconduct could result in administrative discharge.
On 4 December 1992 you were admitted to the Counseling and
Assistance Center (CAAC) Level III inpatient alcohol
rehabilitation program which you completed on 31 December 1992.
On 21 May 1993, you received NIP for UA from your unit, failure
to obey a lawful order and incapacitation for the performance of
duty. On 24 May 1993, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 3 June 1993, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. On 14 June
1993, the separation authority directed an OTH discharge by
reason of misconduct due to commission of a serious offense.
On 25 June 1993 you were so 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 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 NUP.
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
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,
dag Slap’
W. DEAN
Executive D or
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