DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11541-1090
17 August 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. i
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 August 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
-22 May 1989. The Board found that you received two nonjudicial
punishments (NJP’s) for four periods of unauthorized absence (UA)
totaling 10 days. Additionally, you were counseled and warned
after your first NUP that further misconduct could result in
administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
minor disciplinary infractions. You waived your rights to.
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded to
“the separation authority that concurred and directed that you
receive a general discharge by reason of misconduct. You were s0
discharged on 10 June 1991.
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 or changing the
reason for your discharge. The Board noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of service, and that you were fortunate to
receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
discharged 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 entitied 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,
lo.
W. DEAN P
Executive Di
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