DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 04505-11
14 February 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 14 February 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
19 August 1988. The Board found that on 7 December 1989, you
were counseled regarding underage drinking, and warned that
further misconduct could result in administrative discharge
action. On 7 July and 4 August 1993, you received nonjudicial
punishment (NJP) for two instances of disobedience, five
instances of being absent from your appointed place of duty, and
failure to go to your appointed place of duty. On 9 December
1993, you were convicted by a summary court-martial (SCM) of six
periods of unauthorized absence totaling 28 days. You were
sentenced to confinement, a forfeiture of pay, and a reduction
in paygrade. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of
misconduct. You elected to consult counsel and have your case
heard before an administrative discharge board (ADB). On
4 February 1994, the ADB recommended separation with a general
discharge by reason of misconduct. On 7 March 1994, your
commanding officer concurred with the ADB’s findings and
forwarded his recommendation that you be discharged. The
discharge authority directed a general discharge by reason of
misconduct. On 11 March 1994 you were so discharged.
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 two NJP’s, conviction by SCM, and the
fact that you were warned of the consequences of further
misconduct. Finally, the Board also noted that you were
fortunate to receive a general discharge since a discharge under
other than honorable conditions is often directed when an
individual is discharged for misconduct. 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,
Wr
Executive D
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