DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11205-0609
30 August 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 24 August 2010. The names and votes of the
members of the panel wiil 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 enlisted in the Naval Reserve on 26 January 1986 at age 18
and began a period of active duty on 22 August 1986. You served
for nearly two years without disciplinary incident, but during
the period from 2 June to 4 November 1988, you received
nonjudicial punishment (NJP) on five occasions for two periods of
unauthorized absence totalling five days, disobedience, absence
from your appointed place of duty, and seven periods of failure
to go to your appointed place of duty. You were also counselled
on 11 occasions and warned that further misconduct could result
in administrative discharge action.
On 7 November 1989 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. Although you waived your right to consult with legal
coungel and to present your case to an administrative discharge
board (ADB), you submitted a statement of rebuttal to the
separation. On 7 December 1989 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct as evidenced
by your repetitive misconduct and counselling on 11 occasions.
On 27 January 1989 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
a pattern of misconduct. However, on 2 February 1989, you
received your sixth NUP for disobedience and were awarded
confinement on bread and water for three days. Subsequently, on
8 February 1989, you were issued an other than honorable
discharged by reason of misconduct due to a pattern of
misconduct. -
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. It also
considered your assertion that you were the victim of prejudice
and told that the characterization of your discharge would change
five years after your separation. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in six NUPs.
Further, you were given an opportunity to defend yourself but
waived your procedural right to present your case to an ADB.
Furthermore, there is no evidence in the record, and you
submitted none, to support your assertion of undue prejudice.
Finally, no discharge is upgraded and/or changed due solely to
the passage of time. In view of the above, 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,
Ly f
W. DEAN PFE
Executive D
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