DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5106
TUR
Docket No: 7403-10
29 July 2010
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 27 July 2010. 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.
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 May 1999 at age 18 and served
about four months without disciplinary incident. However, 11
September 2000, you received nonjudicial punishment {(NUJP) for
assault consummated by a battery.
During the period from 17 July to 6 December 2002 you received
NIP on five more occasions for assault, drunk and disorderly
conduct, a 27 day period of unauthorized absence (UA), and seven
specifications of disobedience. As a result, on 10 December
2002, you were notified of pending administrative separation
action by reason of misconduct due to commission of a serious
offense. After waiving your procedural rights to consulting with
legal counsel and present your case to an administrative
discharge board (ADB), your commanding officer recommended
discharge by reason of misconduct. On 21 April 2003 the
discharge authority approved this recommendation and directed
your commanding officer to discharge you under other than
honorable conditions by reason of misconduct due to commission of
a serious offense, and on 23 April 2003, 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 desire to upgrade your discharge. It also
considered your assertions and statements provided in support of
your request. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in six NUPs and a lengthy period of UA.
Further, you were given an opportunity to defend yourself and
possibly obtain a better characterization of service, but waived
your procedural rights to an ADB. Finally, there is no evidence
in the-record, and you submitted none, to support your assertions
or statements. 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,
\s eS PF
Executive
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