DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05002-10
24 March 2011
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 March 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 in the Navy and began a period of active duty on
25 September 1987. The Board found that during the period from
8 March 1988 to 26 April 1991, you received six nonjudicial
punishments (NJP’s) for underage drinking, two instances of
disobedience, going from your appointed place ef duty, three
instances of assault, one of which was with a dangerous weapor,
disrespect, communicating a threat, and destruction of government
property. Additionally, you were counseled and warned after your
fourth NUP that further misconduct could result in administrative
discharge action. Subsequently, administrative discharge aetien
was initiated by-reason of misconduct due to commission of a
serious offense. You waived your rights to consult counsel,
submit a@ Statement or have your case heard by an administrative
discharge board (ADB). On 10 May 1991, your commanding officer
forwarded his recommendation that you be discharged under
honorable conditions by reason of misconduct. The discharge
authority directed a general discharge by reason of misconduct
due to commission of a serious offense. On 24 May 1991, 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 changing the reason
for your discharge, characterization of service, RE-4 reentry
code, or paygrade given your record of six NUP’s for very serious
offenses. The Board also noted that you were fortunate to
receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
discharged for 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,
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