DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 01322-12
5 December 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 4 December 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
24 May 1989. The Board found that on 13 July and 3 October 1990,
you received nonjudicial punishment (NJP) for sleeping on post
and disobedience. On 19 October 1990, you were counseled and
warned that further misconduct could result in administrative
discharge action. On 19 November and 14 December 1990, you
received NUP for two instances of being absent from your
appointed place of duty, three instances of disobedience, and
unauthorized absence. 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). On 21 December 1990, 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 5 January 1991.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization or changing the reason for your discharge
given your four NJP'’s, two of which were after you were warned of
the consequences of further misconduct. Finally, the Board also
noted that you waived the right to an ADB, your best chance 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,
t
W. DEAN P
Executive Di
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