DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05028-10
24 March 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 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
29 June 1988. The Board found that you received four nonjudicial
punishments (NJP's) for four periods of unauthorized absence (UA)
totaling 18 days, seven instances of absence from your appointed
place of duty, two instances of disrespect, insubordinate
conduct, two instances of disobedience, being drunk on duty, and
wrongful use of provoking speeches and gestures. Additionally,
you were convicted by summary court-martial (SCM) of 41 days of
UA and seven specifications of disobedience. You were sentenced
to a forfeiture of pay and confinement at hard labor.
Subsequently, administrative discharge action 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).
Your case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The discharge authority concurred and directed an OTH discharge
by reason of misconduct due to commission of a serious offense.
You were so discharged on 8 August 1989.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your four NUP’s and conviction by SCM of very serious
offenses. Finally, the Board noted that you waived the right to
an ADB, your best chance for retention or a better
characterization of service. Accordingly, your application has
been denied. Whe 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,
\
Executive D to
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