DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06439-10
14 April 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 12 April 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 July 1989. The Board found that during the period from
27 August to 16 October 1991, you received three nonjudicial
punishments (NUJP’s) for unauthorized absence, insubordination,
breaking restriction, and disobedience. Additionally, you were
counseled and warned after your first NUP that further misconduct
could result in administrative discharge action. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. 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. Your
commanding officer stated, in part, that you had displayed an
inability to conform to any form of military discipline, and were
given ample’ opportunities to show that you could perform and act
in a proper military manner. The discharge authority concurred
and directed an OTH discharge by reason of misconduct due to
pattern of misconduct. You were s0 discharged on 2 December
VOD dc
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 three NJP’s, and the fact that you were counseled and
swarned after your first NUP of the consequences of further
¢misconduct. Finally, the Board noted that you waived your
*procedural right to an ADB, your best opportunity for retention
‘or a better characterization of service. 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,
LD :
W. DEAN P
Executive D oO
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