DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 11744-09
11 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 10 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 enlisted in the Navy and began a period of active duty on
i July 1991. The Board found that on 22 October 1992, you
received nonjudicial punishment (NJP) for unauthorized absence,
aggravated assault, and drunk and disorderly conduct.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
Waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
case was forwarded recommending that you be discharged under
other than honorable conditions by reason of misconduct. The
discharge authority concurred and directed an other than
honorable discharge by reason of misconduct due to commission of
a serious offense. On 2 December 1992, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP for serious offenses. 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 ef the
members of the panel will be furnished upon request.
tt 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.
wen this regard, it is. important to keep in mind that a
mecsumption.of ‘reguldrity attaches to all official records.
enseguent ly, .when. aBplying for a correction of an official naval
ecord, the burden is on the applicant to demonstrate the
pe uence of. probable material error or injustice.
sot
Sincerely,
Enclosure
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