DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 395-12
27 September 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 26 September 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
20 July 1990 at age 17. You received nonjudicial punishment
(NJP) on three occasions for larceny, disorderly conduct (public
intoxication), disobeying a lawful written regulation, drunk
driving, willfully disobeying a superior commissioned officer,
insubordinate conduct toward a superior noncommissioned officer
and using provoking speech and gestures. You were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. You were notified of
pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct. You waived all
your procedural rights, including your right to an
administrative discharge board (ADB). On 19 October 1992, you
received the OTH discharge for misconduct (commission of a
serious offense).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge due to your repetitive misconduct that
resulted in three NUPs. The Board also 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,
1 Bean Phe
Executive D
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