DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
TIR
Docket No: 460-11
26 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 25 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 10 April 1989 at age 23 and
immediately began a period of active duty. You served without
disciplinary incident until 20 September 1990, when you received
nonjudicial punishment (NOP) for assault, disobedience and
disorderly conduct. The punishment imposed was confinement on
bread and water for three days and a $406 forfeiture of pay.
On 9 July 1991 you received NUP for failure to go to your
appointed place of duty and disrespect; and were awarded
restriction and extra duty for 30 days and a $200 forfeiture of
pay. Shortly thereafter, on 17 July 1991, you were notified of
pending administrative separation action by reason of misconduct
due to 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). On 19 July 1991 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. Subsequently, the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct and on 29 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 your assertion that you should have received a medical
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in two NUPs. 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 no evidence in the
record, and you submitted none, to support 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,
\ thes
W. DEAN R
Executive \Ui tor
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