DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1649-12
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 28 November 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
30 April 2001 at age 19. You received nonjudicial punishment
(NOP) on three occasions for three instances of unauthorized
absence (UA) and two instances of failure to obey a lawful
order. Based on the information currently contained in your
record it appears that you were arrested by civil authorities
and while serving a jail sentence, you were subsequently
administratively processed for separation by reason of
misconduct. In connection with this processing, you would have
acknowledged the separation action and the separation authority
would have approved a recommendation for separation. You waived
your procedural right. to an administrative discharge board
(SDB). The record clearly shows that on 24 March 2005, you were
discharged with an other than honorable characterization of
service due to 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 NJPs and a civil conviction. The Board also
noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, members of the armed services who are
convicted by civil authorities may be 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, 4t 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 4s on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\y Reade
W. DEAN PFET
Executive Direct
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