DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 11373-1090
28 July 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 26 July 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
25 June 1991. The Board found that you received three
nonjudicial punishments (NUJP’s) for three instances of
unauthorized absence totaling 25 days, disobedience, wrongful use
of government property, and not reporting the use of marijuana by
other servicemembers. You were also convicted by civil
authorities of providing a false report to police. Additionally,
you were counseled and warned after your first NJP that further
misconduct could result in administrative discharge action.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You elected
to consult counsel and have your case heard before an
administrative discharge board (ADB). On 26 April 1995, the ADB
recommended separation with an other than honorable (OTH)
discharge by reason of misconduct due a pattern of misconduct.
On 10 May 1995, your commanding officer concurred with the ADB’s
findings and forwarded his recommendation that you be discharged.
On 9 June 1995, the discharge authority directed an OTH discharge
by reason of misconduct due to a pattern of misconduct. On 26
June 1995 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NUP’s, civil conviction of a serious offense,
and the fact that you were counseled and warned of the
consequences of further 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,
Us Yond
W. DEAN PF FR
Executive DYr xr
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