DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6195-09
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 19
August 1986 at age 18. You received nonjudicial punishment (NUP)
on four occasions from 24 February through 12 May 1988 for
failure to obey a lawful order, drunk and disorderly conduct
falsifying a military identification card and failure to go to
your appointed place of duty. After your second NJP, you were
counseled and warned further misconduct could result in
administrative separation. On 13 May 1988, you were notified of
pending administrative separation action by reason of misconduct
due to a pattern of misconduct. After consulting with legal
counsel, you elected to present your case to an administrative
discharge board (ADB). On 26 May 1988, an ADB recommended
discharge under other than honorable (OTH) conditions by reason
of misconduct due to a pattern of misconduct. Based on the
information currently contained in your record it appears that
subsequently, your commanding officer concurred with the ADB and
forwarded your case to the discharge authority for review. On 23
June 1988, you again received NJP for two instances of
unauthorized absence (UA) from your unit and failure to obey a
“Be,
lawful order. On 14 July 1988, the separation authority directed
an OTH discharge by reason of misconduct due to a pattern of :
misconduct and you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and the character letters. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in five NUPs. Additionally, after
your second NUP, you were counseled and warned that further
misconduct could result in administrative discharge action.
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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