DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FUR
Docket No: 2193-10
14 January 2011
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 11 January 2011. 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 27 February 1990 at age 18 and began
a period of active duty on 9 July 1990. You served without
disciplinary incident until 18 January 1991, when you received
nonjudicial punishment (NUP) for absence from your appointed
place of duty. On 12 September 1991 you received NIP for a one
day period of unauthorized absence (UA).
On 22 January 1993 you received NUP for an eight day period of UA
and missing the movement of your ship. Shortly thereafter, on 16
March 1993, 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 18
March 1993 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 23
March 1993 the discharge authority approved this recommendation
and 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 14 April 1993, 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 aiso
considered your asgertion that although your offenses were
": serious, they were’not g¢hreatening and did not break any laws.
* Nevertheless, the Bo concluded these factors were not
sufficient to warrant’ recharacterization of your discharge
because of they;seriousness of your repetitive misconduct which
resulted in three NUPs. Finally, you were given an opportunity
to defend yourself, but waived your procedural right 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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