DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1879-12
7 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 5 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
6 June 1990 at age 19. You received nonjudicial punishment
(NJP) on three occasions for unauthorized absence (UA) from your
unit for a period of four days, and three instances of failure
to go to your appointed place of duty. After your second NUP,
you were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. You
were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
(frequent involvement). You waived all your procedural rights,
including your right to an administrative discharge board (ADB).
On 29 October 1991, you received the OTH discharge for
misconduct (frequent involvement) .
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, Desert
Shield/Storm service 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. The
Board 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,
p dacs
Executive
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