DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7714-09
11 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.
wR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 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 of
injustice.
You reenlisted in the Navy Reserve on 30 May 1986 after more than
a year of prior honorable service. On 16 November 1991, you
received nonjudicial punishment (NIP) for two instances of
unauthorized absence (UA) from your unit and missing ship's
movement. You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB).
The ADB found that you committed misconduct and recommended that
you be separated with a general discharge. On 21 February 1992,
the separation authority agreed with the recommendation of the
ADB and directed your commanding officer to issue you a general
discharge by reason of misconduct due to commission of a serious
offense, and on 21 February 1992, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, guch 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.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board also noted that as a result of your prior honorable
service you may be eligible for veterans’ benefits. You should
contact the nearest office of the Department of Veterans Affairs
if you desire clarification about your eligibility for those
benefits.
Tt 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,
eck
W. DEAN’ P
Executive D4 tor
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