DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAIL
Docket No: 10011-09
25 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 23 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 or
injustice.
You enlisted in the Navy and began a period of active duty on
6 November 1996 at age 22. On 15 January 1998, you received
nonjudicial punishment (NTP) for unauthorized absence (UA) from
your unit for a period of nine days. On 27 January 1998, you
received NUP for wrongful use of a controlled substance. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct. You
waived all your procedural rights, including your right to an
administrative discharge board (ADB). On 13 February 1998, you
received the OTH discharge for misconduct.
The Board, in its review of your application, carefully weighed
all 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. The
Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service. Finally,
concerning you alleged mental problems, there is no indication in
the record that such problems, if they existed at the time of
your service, were so serious as to excuse you of responsibility
for your actions or were sufficiently mitigating to warrant
recharacterization. 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,
\s en
ok
. “i.
W. DEAN PFEI
Executive Di
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