DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
@ NAVY ANNEX
WASHINGTON DC 20370-51 oo
TIR
Docket No: 8749-09
16 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 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 of
injustice.
You enlisted in the Navy on 27 December 1989 at age 18 and began
a period of active duty on 12 January 1990. You served without
disciplinary incident until 2 February 1991, when you received
nonjudicial punishment (NJP) for missing the movement of your
ship. About a year later, on 5 February 1992, you received NUP
for a one day period of unauthorized absence (UA). Shortly
thereafter, on 23 April 1992, you received your third NUP for a
10 day period of UA, absence from your appointed place of duty,
and dereliction of duty.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After waiving your procedural rights, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 31 July 1992 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 17 August 1992, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed ali 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 which resulted in three NJPs.
Finally, you were given an opportunity to defend yourself and
possibly obtain a better characterization of service, but waived
your procedural rights. Accordingly, your application has been
denied.
You should contact the Department of the Navy, Navy Personnel
Command (BUPERS), Code Pers-3C, 5720 Integrity Drive, Millington,
TN 38055-3120 to request that administrative corrections be made
to your Certificate of Discharge or Release from Active Duty (DD
Form 214) such as, but not inclusive of, your date of birth,
social security number, or record of service.
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,
Vp one
‘
W. DEAN PF R
Executive rechor
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