This is in reference to your application
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SUN
Docket No: 01045-11
9 November 2011
for correction of your
naval record pursuant to the provisions of tithe 10 of the United
States Code, gection 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session,
application on 8 November 2011.
injustice were reviewed
considered your
Your allegations of error and
in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together with
thereof, your naval record, and
and policies.
- After careful and conscientious
Documentary material considered by the Board consisted of
all material submitted in support
applicable statutes, regulations,
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
10 October 1990.
nonjudicial punishments (NJP’s)
failing to disclose all of your
larceny, and uttering worthless
administrative discharge action
misconduct due to commission of
your rights to consult counsel,
case heard by an administrative
was forwarded recommending that
than honorable (OTH) conditions
discharge authority concurred and
reason of misconduct due to commission
The Board found that you received two
For fraudulent enlistment by
pre-service civil offenses,
checks. Subsequently,
was initiated by reason of
a serious offense. You waived
submit a statement or have your
discharge board (ADB). Your case
you be discharged under other
by reason of misconduct .. The
directed an OTH discharge by
of a serious offense. You
were so discharged on 25 September 1991.
The Board, in its review of your application,
all potentially mitigating factors,
of service. Nevertheless,
carefully weighed
such as your youth and record
the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your two NJP’s for very serious offenses.
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.
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,
W. DEAN PFEUFP
Executive Dire r
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