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NAVY | BCNR | CY2012 | 03173-12
Original file (03173-12.pdf) Auto-classification: Denied
RPEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SUN
Docket No: 03173-12
19 July 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 17 July 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

12 September 1986. The Board found that you received four
nonjudicial punishments (NJP’s) for three periods of unauthorized
absence totaling eight days, two instances of disobedience,
failure to go to your appointed place of duty, and missing
movement through design. Additionally, you were counseled and
warned that further misconduct could result in administrative
discharge action. Subsequently, you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. After being advised of your procedural rights, you
waived the right to an administrative discharge board (ADB).
Your case was forwarded and the separation authority directed
discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 12 September 1989.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service medical issues. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NUP’s, and
the fact that you were counseled and warned of the consequences
of further misconduct. Finally, the Board also noted that you
waived 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,

 

 

Executive Director

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