DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 °
TOR
Docket No: 7450-09
11 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 2010. The names and votes of the
members of the panel will be furnished upon request. 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 reenlisted in the Navy on 6 December 1986 after four years of
prior honorable service. You continued to serve for about three
months without disciplinary incident, but during the period from
4 February to 25 November 1987, you received nonjudicial
punishment (NJP) on four occasions for disobedience, failure to
obey a lawful order, resisting arrest, disorderly conduct, and
assault.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. Arter waiving your procedural rights to legal
coungel and an administrative discharge board (ADB), your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct as evidenced by your record of four NJPs. On 4
January 1988 the discharge authority approved this recommendation
and directed your commanding officer to discharge you under other
than honorable conditions by reason of misconduct, and on 22
January 1988, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repeated misconduct. Accordingly, your application has
been denied.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
ing for a correction of an official naval
Consequently, when applyl
record, the burden is on the applicant to demonstrate the
ial error or injustice.
existence of probable materi
Sincerely,
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