DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 12424-09
2 September 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 31 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
19 April 1988. The Board found that you were counseled with
regard to poor performance, failure to go to your appointed place
of duty, and disobedience. You were warned that further poor
performance or misconduct could result in administrative
discharge action. During the period from 23 February 1989 to
2 February 1990, your received three nonjudicial punishments
(NJP's) for unauthorized absence, failure to go to your appointed
place of duty, two instances of disobedience, absence from your
appointed place of duty, and wrongful use of marijuana and
methamphetamines. Subsequently, you were found not dependent on
alcohol or drugs, and administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
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 (OTH) conditions by reason of misconduct.
The discharge authority concurred and directed an OTH discharge
by reason of misconduct due to pattern of misconduct. You were
so discharged on 20 April 1990.
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 or
changing the reason for your discharge given your three NJP's,
one of which was for drug use, and the fact that you were
counseled and warned of the consequences of further misconduct.
Finally, your record states you were serving in paygrade E-3
prior to the misconduct. 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,
W. DEAN PFE
Executive Di i
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