DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 9728-10
24 June 2011
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 15 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
21 January 1992 at age 19. You received nonjudicial punishment
(NIP) on two occasions for four instances of failure to go to
your appointed place of duty and failure to obey an order from a
Superior officer. You were counseled regarding your misconduct
and warned that further offenses could result in administrative
separation. You were notified of pending administrative
separation action by reason of misconduct. You elected to
consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 17 March 1994, an ADB
voted unanimously that misconduct had been committed and to
discharge you with a general characterization of service. The
separation authority directed a general discharge by reason of
misconduct. On 25 March 1994 you were so discharged.
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 your misconduct. The Board also believed
that you were fortunate to receive a general discharge since a
characterization under other than honorable conditions is often
directed when a Sailor is separated for misconduct. 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,
Executive D a
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