DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 13166-09
16 September 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 14 September 2010. The names and votes of the
members of the panel will 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
inj tstice:.
You enlisted in the Navy on 5 April 1988 at age 19 and served for
about three months without disciplinary incident. However, on 28
July and again on 23 September 1988, you received nonjudicial
punishment (NJP) for two periods of failure to go to your
appointed place of duty, dereliction of duty, being incapacitated
for duty due to overindulgence in alcoholic beverages, two
periods of unauthorized absence (UA) totalling three days,
absence from your appointed place of duty, and consuming
alcoholic beverages in the barracks.
During the period from 24 November 1988 to 18 April 1989 you were
in a UA status on two more occasions for 127 days. The second
period of UA was terminated when you were apprehended and held in
confinement by civil authorities. As a result of this action,
you were convicted by civil authorities of receiving stolen
property valued at more than $100. You were sentenced to
confinement for four months, probation for 36 months, a $300
fine, $75 in court fees, and payment of ¢50 to a victim relief
fund. On 10 May 1989 you received your third NJP for two periods
of UA totalling 127 days and were awarded restriction and extra
duty for 45 days and a $400 forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and conviction by civil authorities. After
consulting with legal counsel you elected to present your case to
an_administrative discharge board (ADB). On 31 July 1989 an ADB
yrecommended, discharge under other than honorable conditions by
weason of misconduct due to commission of a serious offense and
givil conviction. On 10 August 1989 your commanding officer also
recommended discharge under other than honorable conditions by
reason of misconduct. On 5 September 1989 the discharge
authority approved these recommendations and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 12 December 1989, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code and
upgrade your discharge so that you may enlist in the Army.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your reenlistment code or
recharacterization of your discharge because of the seriousness
of your misconduct in both the military and civilian communities.
conviction. Accordingly, 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,
Executive Dirac
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