DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-8100
SIN
Docket No: 00931-11
2 November 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 November 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
injustice.
You enlisted in the Navy and began a period of active duty on
29 July 1988. The Board found that you received two nonjudicial
punishments (NgP's) for unauthorized absence, disrespectful
language, and three instances of disobedience. You were also
convicted by a special court-martial (SPCM) of 68 days of UA,
breaking restriction, and wrongful use of marijuana.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
case was forwarded recommending that you received and other than
honorable (OTH) discharge by reason of misconduct. The
separation authority concurred and directed an OTH discharge.
You were so discharged on 3 April 1990. However, on 15 February
1996, the Navy Discharge Review Board upgraded your OTH discharge
to a general discharge.
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 found that these factors
were not sufficient to warrant changing the reason for your
discharge or characterization of service given your two NJP’s and
conviction by SPCM for a period of UA that lasted over two
months. Finally, the Board noted that you waived the right to an
ADB, your best chance for retention or a better characterization
of service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
With regard to your request to have your discharge date changed
to 21 April 1990, please be advised that your request is for an
administrative correction which does not require action by this
Board. You may submit your request in writing to the Department
of Navy, Navy Personnel Command (BUPERS), Code Pers-312, 5720
Integrity Drive, Millington, TN 38055-3120.
It ig 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,
le SpeaX
W. DEAN PF
Executive D
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