DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 148-11
30 September 2011
Thie 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 28 September 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
Lj Ws Lee ..
You enlisted in the Navy and began a period of active duty on
28 August 1986 at age 19. You received nonjudicial punishment
(NTP) on six occasions for sleeping on watch, dereliction of
duty, two instances of insubordinate conduct toward a superior
noncommissioned officer, making a false official statement, three
instances of willfully disobeying a lawful order, two instances
of provoking speech, four instances of drunk and disorderly
conduct, and using disrespectful language toward a superior
noncommissioned officer. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct. After consulting with legal
counsel, you elected to present your case to an administrative
discharge board (ADB}. On 14 August 1989, the ADB found that you
committed misconduct and recommended that you be separated with
an OTH discharge. On 21 September 1989, your commanding officer
concurred with the ADB and forwarded his recommendation to the
separation authority. on 1 October 1989, you again received NUP
for drunk and disorderly conduct. On 27 October 1989, the
separation authority agreed with the recommendation of the ADB
and directed your commanding officer to issue you an OTH
discharge by reason of misconduct due to commission of a serious
offense and on 28 January 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 and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in seven NJPs. Finally, there is
no provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
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 efficial naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\ arene he
W. DEAN PFEKFFER'
Executive Digeckor
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