DEPARTMENT OF THE NAVY
' BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00819-11
27 October 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 25 October 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 and began a period of active duty on
19 August 1991. The Board found that you received two
nonjudicial punishments (NJP’s) for disobedience. You were
counseled and warned that further misconduct could result in
administrative discharge action. You also received two letters
of instruction for being absent from your appointed place of
duty. Subsequently, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. You elected to consult counsel and have your case heard
before an administrative discharge board (ADB). On 11 April
1994, the ADB recommended separation with a general discharge by
reason of misconduct. On 5 May 1994, your commanding officer
concurred with the ADB's findings and forwarded his
recommendation that you be discharged. He stated, in part, that
your performance had declined gince reporting onboard. You
received frequent counseling sessions, both formal and informal
by your chain of command that resulted in only temporary and
sporadic improvement in your performance. You lacked the desire,
motivation, and personal integrity to be a productive member of
the submarine force or the United States Navy. On 13 May 1994,
the discharge authority directed a general discharge by reason of
misconduct. On 31 May 1994 you were so discharged.
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 conciuded these factors were
not sufficient to warrant recharacterization of your discharge
given your two NUJP’s, and the fact that you were counseled and
warned of the consequences of further misconduct. Finally, the
Board also noted that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when an individual is discharged for
misconduct. 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,
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