DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11973-106
12 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 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
9 August 1990 at age 21. On 27 April 1993, you received
nonjudicial punishment (NOP) for obtaining long distance
telephone services under false pretenses. On 6 July 1993, you
received NUP for unauthorized absence (UA) from your unit for a
period of 21 days, using disrespectful language toward a superior
noncommissioned officer and dereliction in the performance of
duty. After your first NUP, 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 (commission of a serious
offense). You waived all your procedural rights, including your
right to an administrative discharge board (ADB). On 12 August
1993, you received the OTH discharge for misconduct (commission
of a serious offense).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NJPs. The Board also noted that you waived your
right to an ADB, your best opportunity for retention or a better
characterization of service. 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,
\oN daa :
W. DEAN DF
Fxrecutive Diye r
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