DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1610-10
18 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 16 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 18 September 1987 at age 19 and
served for nearly a year without disciplinary incident. However,
during the period from 2 August to 6 October 1988, you received
nonjudicial punishment (NUP) on three occasions for three periods
of absence from your appointed place of duty, two specifications
of failure to obey a lawful order, an eight day period of
unauthorized absence (UA), and being incapacitated for duty due
to intoxication.
During the period from 5 June to 27 October 1989 you received NJP
on three more occasions for disobedience, failure to obey a
lawful order, and a one day period of UA.
On 2 April 1990 you received your seventh NUP for disrespect and
were awarded restriction for 15 days, extra duty for 30 days, a
$724 forfeiture of pay, and reduction to paygrade E-1. Shortly
thereafter, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
After waiving your procedural rights, the discharge authority
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct due to commission of
a serious offense, and on 18 April 1990, 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, desire to upgrade your discharge, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in seven NUPs. Further, you were given an opportunity
.to defend yourself, but waived your procedural right to present
your case to an administrative discharge board. 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,
DEAN PF
mecanee D
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