DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11694-10
25 August 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 23 August 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 on 17 November 1989 at age 22 and began
a period of active duty on 13 December 1989. You served without
disciplinary incident until 31 May 1990, when you received
nonjudicial punishment (NIP) for three periods of unauthorized
absence totalling 19 days, failure to go to your appointed place
of duty, two specifications of disrespect, being drug on duty,
and drunk and disorderly conduct. The punishment imposed was
restriction and extra duty for 45 days and a $724 forfeiture of
pay.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
After waiving your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB}, on 22 June 1990, your commanding officer recommended
separation under other than honorable conditions by reason of
misconduct due to commission of a serious offense. This
recommendation also noted that you were disenrolled from “A”
School due solely to your misconduct. On 7 duly 1990 the
i
discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct due to commission of a serious
offense, and on 18 July 1990, 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, post service conduct, and desire to upgrade your
discharge so that you may pursue employment opportunities.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your alcohol related misconduct
which resulted in an NUP. Finally, you were given an opportunity
to defend yourself, but waived your procedural right to present
your case to an ADB. Accordingly, your application has been
denied.
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,
Lo ad
W. DEAN PF
Executive rector
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