DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 6305-11
aA 5
22 March 2012
Le]
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 20 March 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
21 December 1989. The Board found that on 24 May 1990, you
received nonjudicial punishment (NJP) for six days of
unauthorized absence (UA). You received restriction, extra duty,
and a forfeiture of pay. Additionally, you were counseled and
warned that further misconduct could result in administrative
discharge action. On 15 June and 3 August 1990, you received NJP
for failure to go to your appointed place of duty, two periods of
UA totaling 28 days, and disobedience. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult .counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your case was
forwarded recommending that you be discharged under other than
honorable (OTH) conditions by reason of: misconduct. The
separation authority concurred and directed an OTH discharge by
reason of misconduct due to a pattern of misconduct. You were so
discharged on 26 September 1990.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and issues that resulted in your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given |
your three NJP’s, two of which were after you were counseled and
warned of the consequences of further misconduct. The Board
noted that you waived your 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,
Ly Qeen
W. DEAN PF]
Executive Dir
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