DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00271-10
20 October 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 19 October 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
28 June 1989. The Board found that you received two nonjudicial
punishments (NJP’s) for two periods of unauthorized absence,
dereliction of duty, disobedience, and falsely signing an
official record. Additionally, after your first NUP, you were
counseled and warned 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
authority concurred and directed an OTH discharge by reason of
misconduct due to commission of a serious offense. On 12 June
1992 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and desire
to change your characterization of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant such
a change given your two NJP’s for serious offenses, and the fact
that you were counseled and warned of the consequences of further
misconduct. Finally, the Board noted that you waived the right
to an ADB, your best chance for retention or a better
@haracterization of service. Accordingly, your application has
‘geen denied. The namés and votes of the members of the panel
*i11 be furnished upon request.
the Board did not;consider whether to upgrade your discharge or
Change the reason for separation because you did not request such
action, and you have not exhausted your administrative remedy of
applying to the Naval Discharge Review Board (NDRB). You may
apply to NDRB by submitting the attached DD Form 293.
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,
Leak ,
W. DEAN PF!
E
Executive Di
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