DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
TAL
Docket No: 9727-10
24 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 15 June 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
requlations 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
8 January 1990 at age 19. On 9 November 1990, you received
nonjudicial punishment (NUP) for two instances of unauthorized
absence (UA) from your unit totaling a period of 48 days, five
instances of insubordinate conduct toward a superior
noncommissioned officer, failure to obey a lawful written order,
using provoking speech and gestures, and communicating a threat.
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to commission of
A serious offense. You waived all of your procedural rights,
including your right to an administrative discharge board (ABD).
On 20 November 1990, you received the OTH discharge for
misconduct (commission of a serious offense).
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. The
Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service. Finally,
no discharge is upgraded merely because of 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,
\adea C .
W. DEAN P
Executive D oO
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