DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5106
TAL
Docket No: 11339-0909
13 August 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 4 August 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 reenlisted in the Navy on 15 June 1989 after more than three
years of prior honorable service. On July 1992, you received
nonjudicial punishment (NJP) for a 52 day period of unauthorized
absence (UA) from your unit, disrespectful language toward a petty
officer, failure to obey a lawful order and disorderly conduct.
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct.
You waived all of your procedural rights, including your right to
an administrative discharge board (ADB). On 24 August 1992, you
received the OTH discharge for misconduct due to commission of a
serious offense.
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.
‘Finally, the Board noted that you waived the right to an ADB,
your best chance for retention or a better characterization of
service. 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 canmot 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.
@onsequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
yexistence of probable material error or injustice.
Wok
Wo aac PF
Executive
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