DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6133-10
§ April 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 5 April 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,
applicable statutes, regulations, and policies.
and
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 28 February 1991 at age 19 and began
a period of active duty on 14 August 1991. You served without
disciplinary incident until 2 April 1992, when you received
nonjudicial punishment (NJP) for underage drinking and were
awarded restriction and extra duty for 14 days and reduction to
paygrade E-3. Shortly thereafter, on 1 May 1992, you received
NIP for failure to obey a lawful order, absence from your
appointed place of duty, and breaking restriction. The
punishment imposed was restriction for 45 days, reduction to
paygrade E-2, and a $300 forfeiture of pay.
ified of pending administrative
separation action by reason of misconduct due to 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). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to commission of a serious offense and on 11
August 1992 the discharge authority approved this recommendation
Subsequently, you were not
and directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct. On 20 August 1992
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, post service conduct, desire to upgrade your
discharge so that you may obtain veterans’ benefits, and the
passage of time. It also considered your concerns as depicted in
"your supplemental statement. Nevertheless, the Board concluded
‘these factors were Aot* sufficient to warrant recharacterization
‘of your discharge because of the seriousness of your repetitive
misconduct whick resulted in two NUPs. Further, you were given
‘an opportunity to defend yourself but waived the 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,
LWvoe8
W. DEAN P
Executive \Di ber
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