DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3410-11
23 January 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 18 January 2012. The names and votes of the
members of the panel will be furnished upon request. 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 Naval Reserve on 16 August 1986 at age 18 and
began a period of active duty. You served for about a year and
six months without disciplinary incident. However, during the
period from 11 February to 10 June 1988 you received nonjudicial
punishment (NJP) on five occasions for two periods of absence
from your appointed place of duty, two specifications of failure
to obey a lawful order,. and six periods of failure to go to your
appointed place of duty. You were also convicted by civil
authorities of driving under the influence of alcohol, driving
with a high blood alcohol count (BAC), and driving with an out of
class license.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct. After
waiving your procedural rights to consult with legal counsel and
to present your case to an administrative discharge board (ADB),
on 7 October 1988, your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to a pattern of misconduct. On 7 October 1988 you received your
sixth NIP for wrongful use of amphetamines/methamphetamines. The
discharge authority approved the foregoing recommendation and
directed separation under other than honorable conditions by
reason of misconduct and on 26 October 1988, you were so
discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade the
characterization of your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct, which resulted in six NJPs and a
conviction by civil authorities. Accordingly, your application
has been denied.
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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