DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8369-10
10 June 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.
AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 June 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
27 September 1989 at age 21. You received nonjudicial punishment
(NJP) on four occasions for disorderly conduct insubordinate
conduct toward a superior petty officer, failure to obey a lawful
order, two instances of failure to go to your appointed placed of
duty and dereliction in the performance of duty. After your
first NJP, 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
by reason of misconduct. After consulting with legal counsel,
you elected to present your case to an administrative discharge
board (ADB). On 21 June 1991, an ADB recommended discharge under
OTH conditions by reason of misconduct due to a pattern of
misconduct. On 6 September 1991, the separation authority
directed an OTH discharge by reason of misconduct due to a
pattern of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. 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 four NUPs. Additionally, no discharge is
automatically upgraded due to the passage of time or an
individual’s good behavior after discharge. 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,
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