DEPARTMENT OF THE NAVY
.,. BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00051-14112
29 September 2011
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7
This is in reference to your application for correction of your
naval record pursuant tothe 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 28 September 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 on 10 June 1991, at age 17. On 13
August 1994, you received nonjudicial punishment (NUP) for
insubordinate conduct toward a superior petty officer, and
assault. On 13 August 1994, administrative separation action was
initiated by reason of misconduct. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 1 December 1994, your
commanding officer forwarded his recommendation that you be.
discharged under other than honorable conditions (OTH) by reason
of misconduct. On 14 December 1994, the discharge authority
directed an OTH discharge by reason of misconduct. On 23
December 1994, you were so discharged.
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 your record of one NUP for serious
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
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 ig 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,
\eceh
W. DEAN PFRYF
Executive
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