DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7378-10
1 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 30 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
9 July 1986 at age 18. On 10 June 1987, you were convicted by
summary court-martial (SCM) of unauthorized absence (UA) from
your unit for a period of 14 days and drunk and disorderly
conduct. On 2 May 1989, you received nonjudicial punishment
(NIP) for drunk and disorderly conduct. On 7 September 1989, you
again received NJP for UA from your unit. After your SCM, you
were counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On
12 September 1989, you were notified of pending administrative
separation action 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 commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The separation
authority directed an OTH discharge by reason of misconduct due
to a pattern of misconduct. On 29 November 1989 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your misconduct that resulted in two NUJPs and
a SCM. Finally, the Board noted that you waived the right to an
ADB, your best opportunity for retention or a better
characterization of service. Accordingly, your application has
been denied. The mames and votes of the members of the panel
. will be furnished upon request.
The Board also noted that you should contact the Department of
the Navy, Navy Personnel Command (BUPERS), Code Pers-3C, 5720
Integrity Drive, Millington, TN, 38055-3120 to request that
administrative corrections be made to your Certificate of
Release or Discharge from Active Duty (DD Form 214) such as, the
narrative reason for separation.
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,
Sdoarh
W. DEAN PF
Executive Dj}
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