DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 12124-10
25 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 23 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 probabie material error or
injustice.
You enlisted in the Navy and began a period of active duty on
16 December 2986. The Board found that you received three
nonjudicial punishments (NJP’s) for five instances of absence
from your appointed place of duty, disobedience, making a false
official statement, and wrongful possession of a liberty card
with intent to deceive. You also were convicted by summary
court-martial (SCM) of the use of provoking speech or gestures,
assault consummated by a battery and disorderly conduct.
Additionally, you were counseled and warned, after your second
NUP, that further misconduct could result in administrative
discharge action. Subsequently, administrative discharge action
was initiated by reason of misconduct due to commission of a
serious offense. 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 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
commigsion of a serious offense. You were so discharged on
10 October 1989.
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 and conviction by SCM of very serious
offenses. Finally, the Board noted that you waived the right to
an ADB, your best chance 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,
Ld Nowe
W. DEAN PFEIL
Executive Director
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