DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: O7407-11
21 July 2011 .
This is in reference to your application for correction of your
late son’s 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 19 July 2011. 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
a thereof, your late son’s 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.
-Your late son enlisted in the Navy and began a period of active
duty on 28 June 1995. The Board found that he received two
nonjudicial punishments (NUP’s) for disrespect, two instances of
disobedience, and dereliction of duty. Additionally, he was
counseled and warned after his first NUP, that further misconduct
could result in administrative discharge action. On 20 February |
1998, he was convicted by summary court-martial (SCM) of two
specifications of assault. He was sentenced to a forfeiture of
pay, and confinement. Based on the information currently
contained in his record it appears that administrative discharge
action was initiated to separate him by reason of misconduct due
to a pattern of misconduct. He waived his rights to consult
counsel, submit a statement or have his case heard by an
administrative discharge board (ADB). His case was forwarded to
the separation authority recommending an other than honorable
discharge by reason of misconduct. The discharge authority
concurred and directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. He was so
discharged on 24 March 1998.
Se
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your late son's
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of his
discharge given his misconduct that resulted in two NUJP’s, the
fact that he was counseled and warned of the consequences of
further misconduct after his first NJP, and conviction by SCM of
serious offenses. Finally, the Board noted that it appears he
waived the right to an ADB, his 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,
W. DEAN PF
Executive rector
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