DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 12807-09
23 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 21 September 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
27 June 1990. The Board found that you received four nonjudicial
punishments (NUP’s) for assault, sleeping on watch, three periods
of unauthorized absence totaling about eight days, assaulting or
disobeying a commissioned officer, contempt or disrespect toward
a petty officer, and disorderly conduct. Additionally, you were
counseled and warned after your third NUP, that further
misconduct could result in administrative discharge action.
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 (OTH) conditions by reason of misconduct.
The discharge aufhority concurred and directed an OTH discharge
by reason of misconduct due to commission of a serious offense.
You were so discharged on 3 August 1992.
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 four NJP’s, and the fact that you were counseled and
warned of the consequences of further 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,
1D You
Executive
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