DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 06453-10
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
I |USELEE .
You enlisted in the Navy and began a period of active duty on
2 June 1982. The Board found that you served for over five years
without incident until 17 August 1987, when you were counseled
with regard to your indebtedness and lack of support of your
dependents. You were warned that further deficiencies could
result in administrative discharge action. On 6 November 1987,
you received nonjudicial punishment (NOP) for fraud by
withholding entitled allowances for dependent support while
collecting basic allowance for quarters. You received
restriction and extra duty. 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 22 January 1988.
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 NJP for a very serious offense. 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. 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 itg decision upon submission of new and material
eyidence 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,
‘We Nas i
W. DEAN PFE
Executive D Ox
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