DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1385-10
10 November 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 3 November 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings ef 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
29 August 1989 at age 18. You received nonjudicial punishment
(NJP) on four occasions for unauthorized absence (UA) from your
unit, failure to go to your appointed place of duty, dereliction
in the performance of duty, and failure to obey a lawful order.
On 18 September 1990, you were convicted by special court-martial
(SPCM) of unauthorized absence (UA) from your unit, four
snstances of disrespectful language toward a superior
noncommissioned officer, four instances of insubordinate conduct
by striking a superior noncommissioned officer, failure to obey a
lawful order and disorderly conduct. The sentence imposed was
confinement for 120 days, forfeiture of pay and a bad conduct
discharge (BCD). On 13 August 1992, you received the BCD after
appellate review was complete.
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 four NJPs and a SPCM. Concerning your alleged mental
problems, there is no indication in the record that such
problems, if they existed at the time of your service, were so
serious as to excuse you of responsibility for your actions or
were sufficiently mitigating to warrant recharacterization.
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.
‘Whe this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
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