DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SON
Docket No: 12084-10
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.
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
8 February 1989. The Board found that you received three
nonjudicial punishments (NJP‘s) for two periods of unauthorized
absence, two instances of failure to obey a lawful order, absence
from your appointed place of duty, attempt to wrongfully dispose
of government property, and two instances of dereliction of duty.
Additionally, you were convicted by civil authorities of grand
theft. Subsequently, administrative discharge action was
initiated by reason of misconduct due to the civil conviction.
You elected to make a statement and waived your rights to consult
counsel, or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. The discharge authority concurred and directed an
OTH discharge by reason of misconduct due to pattern of
misconduct. You were so discharged on 17 January 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your three NUP’s, and civil
conviction of a very serious offense. The Board noted that your
waived your procedural 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,
\y wr PF
Executive
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