DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01014-11
10 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application.on 9 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.
Bfter 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 23 March 1987, at age 19, On 20
August 1987, you received nonjudicial punishment (NUP) for being
in an unauthorized absence (UA) status for three days. On 21
April 1988, you received NUP for being UA from your unit. On 31
May 1990, you received NUP for being absent without leave. On 3
July 1990, you received NIP for being UA. On 13 Juiy 1990, you
received NUP for failure to obey a lawful order. On 9 July 1990,
administrative separation action was initiated by reason of
Misconduct (pattern of misconduct). You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 24 July 1990, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions (OTH) by reason
of misconduct (pattern of misconduct). On 6 August 1990, the
discharge authority directed an OTH discharge by reason of
misconduct {pattern of misconduct). On 14 August 1990, you
received your OTH characterization of service due to misconduct
(pattern of misconduct).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of five NUP’s for
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
characterization of service. 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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