DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9594-09
16 July 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 13 July 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 18 January 1994 after nearly six
years of prior honorable service. You continued to serve without
disciplinary incident until 6 October 1994, when you received
nonjudicial punishment (NUP) for larceny and wrongful
appropriation. Shortly thereafter, on 25 October 1994, you were
counselled regarding your attempt to wrongfully obtain a loan
from the Navy Relief Society.
On 1 May 1997 you received NUP for two specifications of failure
to pay just debts and were awarded extra duty for 30 days and
reduction to paygrade E-3. On 27 May 1997 you were notified of
pending administrative separation action by reason of misconduct
due to a pattern of misconduct. After consulting with legal
counsel, you waived your right to present your case to an
administrative discharge board (ADB). On 3 June 1997 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. On 5 June 1997 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
13 June 1997, 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 repetitive misconduct. Accordingly, your application has
been denied.
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,
WRK), |
W. DEAN PFE
Executive D or
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