DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 4179-11
10 February 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 7 February 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 Navy on 14 June 1990 at age 18 and began a
period of active duty on 6 June 1991. You served for about a
year and three months without disciplinary incident, but on 24
September 1992 you received nonjudicial punishment (NJP) for
wrongful use of another’s calling card. During the period frotn
14 October 1992 to 3 August 1993 you were repeatedly counselled
regarding your nonrecommendation for promotion, financial
irresponsibility, lack of good judgment, continuous poor personal
appearance, and failure to pass inspections.
On 1 September 1993 you received NJP for two periods of absence
from your appointed place of duty and failure to pay a $412.08
debt. Subsequently, on 14 September 1993, you were processed for
an administrative separation by reason of misconduct due to a
pattern of misconduct. After consulting with legal counsel you
elected to present your case to an administrative discharge board
(ADB). However, you later waived this right and were advised
that you could be issued a discharge under other than honorable
condition. Your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to a
pattern of misconduct as evidenced by two NJPs and repeated
counselling. The discharge authority approved this
recommendation and directed discharge under other than honorable
conditions by reason of misconduct, and on 16 November 1993, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade 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 two NUPs and
repeated counselling. 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,
Wade
W.
Executive D4 or
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