DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4732-11
16 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.
BA three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 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 27 September 1989 at age 18 and began
a period of active duty. You served without disciplinary
incident until 21 June 1990, when you received nonjudicial
punishment (NJP) for three periods of unauthorized absence (UA)
totalling eight days, missing the movement of your ship, and
swearing to a false statement. Less than a year later, on 10
April 1991, you received NUP for absence from your appointed
place of duty and underage drinking.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
After waiving your procedural rights your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to commission of a serious offense. On
20 June 1991 the discharge authority directed separation under
other than honorable conditions by reason of misconduct, and on
28 June 1991, 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, desire to upgrade your discharge, and assertion that
you were guaranteed to train at aviation mechanic school, but
through deception, signed documents that cancelled out the
guarantee. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
two NUPs. Further, you were given an opportunity to possibly
received a better characterization of service, but waived your
procedural rights. Finally, there is no evidence in the record,
and you submitted none, to support your assertion. 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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