DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1682-12
5 December 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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. The names and votes of the
members of the panel will be furnished upon request. 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
28 December 1988 at age 19. On 29 January 1990 you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit and disobeying a lawful order. You were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. On 23 March 1990, you
received NUP for UA from your unit. On 20 July 1990, you
received NJP for failure to obey a lawful order and disorderly
conduct. On 9 August 1990 you were convicted by summary court-
Martial (SCM) of UA from your unit for a period of 17 days. You
were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
(pattern of misconduct). After consulting with legal counsel,
you elected to present your case to an administrative discharge
board (ADB). On 30 August 1990, the ADB found that you
committed misconduct and recommended that you be separated with
an OTH discharge. The separation authority agreed with the
finding and recommendation of the ADB and directed your
commanding officer to issue you an OTH discharge by reason of
misconduct due to a pattern of misconduct and on 7 November
1990, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth and overall record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in three NUPs. Finally, there is
no provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
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,
v
4), Biyan Pi
W. DEAN ee
Executive D3
Be)
ectior
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