DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 &. GOURTHOUSE ROAD
ARLINGTON, VA 22204
TAL
Docket No: 4085-11
2/7 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 25 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.
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 May 1991 at age 20. On 7 April 1993, you were convicted by
Civil authorities of petty theft and sentenced to three days
confinement, a $250 fine and three years probation. On 11 June
1993, you received nonjudicial punishment (NJP) for disobeying a
regulation by drinking alcohol onboard a Navy vessel and drunk
and disorderly conduct. On 23 September 1993, you were convicted
by summary court-martial (SCM} of four instances of unauthorized
absence (UA) from your unit totaling a period of 33 days. On
6 December 1993, you were again convicted by SCM of three
instances of UA from your unit totaling a period of nine days,
using disrespectful language toward a superior noncommissioned
officer, resisting apprehension and drunk and disorderly conduct.
You were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. On -
4 January 1994, you were notified of pending administrative
separation processing with an other than honorable (OTH)
discharge due to misconduct (pattern of misconduct). You waived
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 27 February 1994, 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 a civil
conviction, an NJP and two SCMs. 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,
\eQgp,’ |
W. DEAN PPE
Executive Dirac
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