DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7388-09
1 June 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 27 May 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
17 December 1997 at age 20. You received nonjudicial punishment
(NOP) for two instances of unauthorized absence (UA), failure to
go to your appointed place of duty and malingering from 16
February until 25 July 2000. in your evaluation for the period of
1 September 1999 through 15 July 2000, it was stated in part, that
you were continuously in limited duty status although you were
found fit for duty on four separate occasions, given overseas
screening, orders were cut and you were found unfit for duty due
to a @ifferent ailment. During your NUP, you also stated in part
that, this conduct would continue if the command were to transfer
you to the USS CONSTELLATION, where you had orders to report. You
were notified of pending administrative discharge processing with
an other than honorable (OTH) discharge due to misconduct. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 13 September 2000, you
received the OTH discharge for misconduct due to commission of a
serious offense.
The Board, in its review of your application, carefully weighed
ali 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.
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,
\p Daas
W. DEAN PFET
Executive Dikéc
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