DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 652-12
18 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 11 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
15 April 1987 at age 21. You received nonjudicial punishment
(NJP) on two occasions for assault, unauthorized absence (UA),
failure to obey a lawful order and wrongful use of amphetamines.
You were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. On
30 September 1988, you were convicted by summary court-martial
(SCM) of UA from your unit for a period of 37 days. On
3 October 1988, you were notified of pending administrative
separation processing with an other than honorable (OTH)
discharge due to misconduct (pattern of misconduct). You waived
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 3 November 1988, you
received the OTH discharge for misconduct (pattern of
misconduct) .
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 given the seriousness and repetitiveness of
your misconduct that resulted in two NJPs and a SCM. Finally,
the Board noted that you waived the 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,
Oe is
ROBERT D. SALMAN
Acting Executive Director
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