DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8392-10
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.
A 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
22 April 1992 at the age of 21. You received nonjudicial
punishment (NJP) on three occasions for insubordinate conduct
toward a superior petty officer, provoking speech, drunk and
disorderly conduct, two instances of failure to go to your
appointed place of duty and unlawful entry. You were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. On 18 October 1994, you
were notified of pending administrative discharge processing with
an other than honorable (OTH) discharge 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).
On 22 October 1994, you were involved in an altercation and
stabbed a Marine in Sasebo, Japan. The Naval Criminal
Investigative Service conducted an investigation and found that
you were intoxicated and argumentative with the victim. On
24 October 1994, after the stabbing incident, you attempted to
commit suicide by hanging yourself. You stated in part that you
were concerned that the stabbing incident would cause your
separation from the Navy to be delayed for an extended period of
time or cancelled. You were diagnosed with an adjustment
disorder with resolved depressed mood, alcohol abuse and
occupational problems. You were not diagnosed as suicidal and
determined to be psychiatrically fit for full duty.
On 15 November 1994, your commanding officer forwarded his
recommendation that you be discharged under OTH conditions by
reason of misconduct. On 2 November 1994, you were in an
unauthorized absence status (UA) from your unit for a three day
period until you surrendered on 5 December 1994. The separation
authority dirécted an OTH discharge by reason of misconduct due
to a pattern of misconduct. On 12 January 1995 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 changing your characterization given the
seriousness of your misconduct that resulted in three NUPs, two
additional incidents of assault and UA. The Board noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. Finally, there is no
provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
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,
W. DEAN P
Executive
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