DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1584-10
12 November 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 9 November 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
injustice.
You enlisted in the Navy on 26 January 1991 at age 18 and began a
period of active duty on 5 March 1991. You served without
disciplinary incident until 4 May 1992, when you received
nonjudicial punishment (NJP) for misbehavior as a sentinel and
assault. A month later, on 4 June 1992, you received NUP for two
specifications of failure to obey a lawful order. On 5 November
1992 you received your third NUP for failure to obey a lawful
order and using provoking speech or gestures.
On 6 November 1992 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and commission of a serious offense. At that time you
waived your right to consult with legal counsel and to present
your case to an administrative discharge board (ADB). On 10
November 1992 your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to a
pattern of misconduct and commission of a serious offense. On 19
November 1992 the discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct and on 5 December 1992 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 upgrade your discharge. It also
considered your explanation regarding your conduct and
geuformance while,serving in the Navy. Nevertheless, the Board
Sncluded these factors were not sufficient to warrant
wieharacterizarion of your discharge because of your repetitive
mzsconduct which resulted in three NUPs. Further, you were given
an opportunity to defend your actions, but waived your procedural
‘yight to present your case to an ADB. 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,
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