DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 04943-11
1 March 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 28 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
12 June 1990. The Board found that during the period from
7 March 1991 to 16 January 1992, you received three nonjudicial
punishments (NJP’s) for disobedience, two instances of assault,
communicating a threat, disrespect, and larceny. Additionally,
you were counseled and warned after your first and second NJP
that further misconduct could result in administrative discharge
action. 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 2
March 1992, the ADB recommended separation with an other than
honorable (OTH) discharge by reason of misconduct due to a
pattern of misconduct. On 30 April 1992, your commanding officer
concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. On 4 June 1992, the
separation authority directed an OTH discharge by reason of
misconduct due to a pattern of misconduct. On 5 June 1992 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 three NJP’s, and the fact that you
were warned on two occasions of the consequences of further
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 entitied 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,
\a Nba PF
Executive
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