DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 9759-10
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 22 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 Reserve and began a period of active duty
on 22 July 1988 at age 22. On 2 November 1990, you received
nonjudicial punishment (NUJP) for three instances of unauthorized
absence (UA) from your unit for a period totaling 10 days, failure
to go to your appointed place of duty, failure to obey a lawful
order and seven instances of writing worthless checks totaling
$302.50, You were counseled regarding your misconduct and warned
that further offenses could result in administrative separation.
On 2 November 1990, you were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct (commission of a serious offense). You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On
9 November 1990, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 27 November 1990,
the separation authority directed an OTH discharge by reason of
misconduct due to commission of a serious offense. On 4 December
1990 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 the seriousness of your misconduct. The
Board noted there is no evidence in your record, and you
submitted none, to support your contention of a rape by a service
member, Finally, the Board noted that you waived the right to an
ADB, your best chance for retention or a better characterization
of service. 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,
Wu Qu
W. DEAN
Executive Dy tor
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