DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3773-10
14 January 2011
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 12 January 2011. 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 on in the Navy and began a period of active duty on
16 November 1983 at age 19. On 9 January 1986, you received
nonjudicial punishment (NUP) for three instances of unauthorized
absence (UA) from your unit totaling a period of five days. On
12 August 1986, you were convicted by summary court-martial (SCM)
of four instances of UA from your unit totaling a period of 48
days. On 25 September 1986, you were again convicted by SCM of
two instances of UA from your unit totaling a period of nine
days. After 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 one NJP and two SCMs. Finally, the Board noted that
you waived the right to an ADB, your best opportunity for
rétention or a better characterization of service. Accordingly,
your application hasibeen 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.
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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