DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 9988-10
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. The names and votes of the
members of the panel will be furnished upon request. 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
14 November 1988 at age 18. You received nonjudicial punishment
(NJP) on three occasions for conspiracy to commit larceny of U.S.
currency from a video machine, larceny of and receiving currency
(the property of the Navy Exchange), insubordinate conduct toward
a superior petty officer, failure to obey a lawful order,
wrongful appropriation of fuel with a government credit card,
receiving and concealing a stolen government fuel eredit card,
and obtaining services under false pretenses. You were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. You were notified of
pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct. After consulting
with legal counsel, you elected to present your case to an
administrative discharge board (ADB). On 31 March 1991, the ADB
found that you committed misconduct and recommended that you be
separated with an OTH discharge. The separation authority agreed
with the recommendation of the ADB and directed your commanding
officer to issue you an OTH discharge by reason of misconduct due
to commission of a serious offense and on 30 April 1991, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed ‘all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
-recharacterization of your discharge given the seriousness of
your misconduct that resulted in three NUPs. 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,
\ Speen
W. DEAN PF
Executive
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