DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6295-10
25 March 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 17 March 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.
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
ifijuetice.
You enlisted in the Navy and began a period of active duty on
8 July 1993 at age 19. On 2 June 1994, you received nonjudicial
punishment (NJP) for two instances of assault. On 25 March 1995,
you were convicted by summary court-martial of assault. After
your NUP you were counseled regarding your misconduct and warned
that further offenses could result in administrative separation.
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 April
1995, the ADB found that you committed misconduct and recommended
that you be separated with an OTH discharge. The separation
authority concurred with the recommendation of the ADB and
directed your commanding officer to issue you an OTH discharge by
reason of misconduct and on 28 July 1995, 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 and overall record of service. 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,
\y Noa
W. DEAN PF
Executive e r
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