DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204
SIN
Docket No: 03117-11
10 January 2012
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 5 January
2012. 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.
Biter 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 November 1990. The Board found that you received three nonjudicial
punishments (NJP’s}. Your offenses were absence from your appointed
‘place of duty, two instances of assault, disorderly conduct, and
assault consummated by a battery. Additionally, you were counseled
and warned after your second NUP that further misconduct could result
in administrative discharge action. 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 be discharged under other than honorable (OTH)
conditions by reason of misconduct. The discharge authority concurred
and directed an OTH discharge by reason of misconduct due to
commission of a serious offense. You were so discharged on 13 May
1994,
‘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 concluded these factors were not
sufficient to warrant recharacterization of your discharge given your
repetitive misconduct and the fact that you were warned of
consequences of further misconduct after your second NUP. 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,
\pSdonh ;
W. DEAN PFE
Executive Dine
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