DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1393-10
17 November 2010
This is in reference to your applicati
naval record pursuant to the provision
States Code, section 1552.
on for correction of your
s of title 10 of the United
BR 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 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
in] wstiee .
You enlisted in the Navy and began a period of active duty on
1 March 1989 at age 18. You received nonjudicial punishment
(NTP) on three occasions for six instances of assault,
dereliction of duty, two instances of failure to obey a lawful
order, and disorderly conduct. Biter your first NUP you were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. You were
notified of pending administrative separation action by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. The separation authority directed an OTH
discharge by reason of misconduct due to a pattern of misconduct.
On 9 November 1990 you were so discharged.
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 NUPs. Finally, the Board noted that you waived
the right to an ADB, your best opportunity for retention or a
better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
favorable action cannot be taken. You are entitled to have the
ard reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
“In this regard} at 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.
poor regretted “that the circumstances of your case are such that
Sincerely,
WQenS )
W. DEAN PF
Executive *
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