DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 9811-10
19 April 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 30 March 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 24 July L989).
You received nonjudicial punishment on two occasions for offenses
that included an unauthorized absence, missing movement, failure
to obey a lawful order, and violation of sexual harassment
policy.
On 15 July 2002 an administrative discharge board recommended
that you be separated from the Navy with a discharge under other
than honorable conditions by reason of misconduct due to the
commission of a serious offense. After review by the discharge
authority, the recommendation for separation was approved and on
22 October 2002 you were separated with a discharge under other
than honorable conditions.
The Board did not accept your unsubstantiated contention to the
effect that at least one of your nonjudicical punishments was
racially motivated. It concluded that your discharge was clearly
warranted by the serious nature of your offenses. Accordingly,
and as you have not demonstrated that your discharge 1s erroneous
or unjust, 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,
WD |
W. DI
Executive tor
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