DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
SIN
Docket No: 03190-12
26 February 2013
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 20 February 2013. 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.
On 22 August 1987, you reenlisted in the Navy after serving over
nine years of honorable service. The Board found that on 5 April
1989, you were counseled regarding your decreasing lack of
responsibility in the performance of your assigned duties.
During the period from 30 June to 21 December 1989, you received
four nonjudicial punishments (NUJP’s) for three periods of
unauthorized absence (UA) totaling 13 days, and three instances
of being absent from your appointed place of duty. Additionally,
you were counseled and warned after your second NUP, that further
misconduct could result in administrative discharge action.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your
case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The separation authority concurred and directed an OTH discharge
by reason of misconduct due to a pattern of misconduct. You were
so discharged on 12 February 1990.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your four NJP’s, and the fact that you were warned of the
consequences of further misconduct after your second NUP. The
Board also 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,
eds
Executive
4
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