DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 368-11
21 October 2011
This 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 18 October 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
injustice.
You enlisted in the Navy on 5 February 1990 at age i8 and began a
period of active duty on 7 March 1990. You served without
disciplinary incident until 3 November 1990, when you were
convicted by civil authorities of telephonic sexual harassment .
On 23 March and again on 7 June 1991 you received nonjudicial
punishment (NUP) for larceny, wrongful appropriation, forgery/
fraud, and failure to pay debts. On 21 June 1931 you were
notified of pending administrative separation action by reason of
misconduct due to a pattern of misconduct and commission of a
serious offense. At that time you waived your right to consult
with legal counsel and to present your case to an administrative
discharge board (ADB). Subsequently, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct and
commission of a serious offense. On 1 July 1991 the discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on i5 July 1991 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 desire to upgrade your discharge. It also
considered the assertion of being falsely accused of theft.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in two NJPs
and conviction by civil authorities. Further, you were given an
opportunity to defend your actions, but waived your procedural
right to present your case to an ADB. Finally, there is
documented evidence in the record that is contrary to your
assertion. Accordingly, your application has been denied.
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,
Lo DaawPe.
W. DEAN PFE
Executive D¥redtor
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