DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings o£ 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
10 February 1988 at age 27. You received nonjudicial punishment
(NJP) on three occasions for 13 instances of failure to go to
your appointed place of duty, two instances of insubordinate
conduct toward a superior noncommissioned Sefficer ; dereliction
in performance of duty, wrongfully using provoking and
reproachful words, and making a threat to physically harm.
After your first NIP, you were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. On 10 February 1990, you were
notified of pending administrative separation processing with an
other than honorable (OTH) discharge due to misconduct (pattern
You waived all of your procedural rights,
ineluding your right to an administrative discharge board (ADB) .
On 28 February 1990, you received the OTH discharge for
misconduct (pattern of misconduct) .
of misconduct).
ation, carefully weighed
h as your youth and
the Board found that
in its review of your applic
The Board, 1
all potentially mitigating factors, suc
Nevertheless,
overall record of service.
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness and repetitiveness at
your misconduct that resulted in three NgPs. 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.
of your case are such
you are entitled to have
ission of new and
ly considered by
etted that the circumstances
It is regr
cannot be taken.
that favorable action
the Board reconsider its decision upon subm
material evidence or other matter not previous
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 eftie1al
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Ve Raa :
W. DEAN PF F
Fxecutive e r
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