DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 784-10
19 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 14 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
22 May 1986 at age 22. You received nonjudicial punishment (NJP)
on two occasions for.disobeying a lawful general regulation,
aggravated assault and wrongful use of marijuana. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct. After
consulting with legal counsel, you elected to present your case to
an administrative discharge board (ADB). On 7 July 1988 an ADB
found that you had committed misconduct and recommended discharge
under OTH conditions by reason of misconduct due to commission of
a serious offense. Your commanding officer concurred with the
Gecision of the ADB and forwarded the recommendation to the
Separation authority. On 3 August 1988, you again received NUP
for wrongful use of marijuana. On 30 August 1988 the separation
authority approved and directed your discharge. On 14 September
1988, you received the OTH discharge for misconduct due to
commission of a serious offense.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NJPs. 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
Poaedemecensider:its decision upon submission of new and material
.eyEdence or; gmatter not previously considered by the Board.
In this regard; \t 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,
\ pease!
W. DEAN P F
Executive e r
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