DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 00551-12
24 October 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 23 October 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
2 January 1992. The Board found that during the period from
10 May to 28 July 1993, you received three nonjudicial
punishments (NUJP's) for two instances of disobedience, breaking
restriction, and dishonorably failing to pay just debts.
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 30 August 1993, the
ADB recommended separation with a general discharge by reason of
misconduct. On 7 September 1993, your commanding officer
concurred with the ADB's findings and forwarded his
recommendation that you be discharged. On 22 September 1993, the
separation authority directed a general discharge by reason of
misconduct due to a pattern of misconduct. On 24 September 1993
you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and contention of discrimination. Nevertheless, the
Board found that these factors were not sufficient to warrant
changing the characterization of your service given your record
of three NUJP's for serious offenses. Regarding your contention,
you have provided no evidence to support it, and there is no such
evidence in your record. Finally, the Board also noted that you
were fortunate to receive a general discharge since a discharge
under other than honorable conditions is often directed when an
individual is discharged for 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 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,
\ “Pe = woes
ROBERT D. “~SALMAN
Acting Executive Director
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