DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3777-10
24 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 20 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.
Rfter 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 and began a period of active duty on
19 July 1993 at age 18. On 1 August 1994 you received
nonjudicial punishment (NUP) for unauthorized absence (UA) from
your unit for a period of nine days and wrongful use of
Marijuana. You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
27 October, the ADB found that you committed misconduct and
recommended that you be separated with an OTH discharge. The
separation authority agreed with the recommendation of the ADB
and directed your commanding officer to issue you an OTH
discharge by reason of misconduct and on 9 November 1994, 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, overall record of service, and your grief for the
lost of your grandmother. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
Accordingly, your application has been 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,
laos
W. DEAN PF
Executive Dsayedio
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