DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCO 20370-5100
TAL
Docket No: 1237-11
3 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 2 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
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
13 December 1989 at age 19. On 30 January 1992, you received
-nonjudicial punishment (NUP) for unauthorized absence from your
unit. On 28 February 1992, you received NIP for wrongful
possession and use of marijuana, drunk and disorderly conduct and
possession of a firearm. After your first NUP, you were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On 22 March
1992, you were notified of pending administrative separation
processing with an other than honorable (OTH) discharge due to
-jisconduct (pattern of misconduct). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 22 April 1992, you received the OTH
discharge for misconduct (pattern of misconduct).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your misconduct that resulted in two NUPs and
drug possession and use. Finally, the Board noted that you
waived the right to an ADB, your best opportunity 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,
\) Quart
W. DEAN PF
Executive tor
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