DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6180-09
30 April 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 28 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
12 November 1986 at age 21. On 23 March 1987, you réceived
nonjudicial punishment (NUP) for disobeying a lawful order.
On 22 September 1987, you received NJP for six instances of
unauthorized absence {UA) from your unit for periods totaling
43 days. After both NUPs you were counseled and warned further
misconduct could result in administrative separation. On
16 November 1987, 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 1 December 1987, you
again received NJP for UA from your unit and disobeying a lawful
order. Subsequently, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The discharge
authority directed an OTH discharge by reason of misconduct due
to a pattern of misconduct. On 22 January 1988 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.
Additionally, after your first and second NUP, you were counseled
and warned that further misconduct could result in administrative
discharge action. 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 18 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,
\S as \
W. DEAN P
Executive to
2
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