DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 03224-12
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.
You enlisted in the Navy and began a period of active duty on
20 June 1989. The Board found that on 17 January 1990, you
received nonjudicial punishment (NUP) for disobedience. You
received a forfeiture of pay and were warned that further
misconduct could result in administrative discharge action. On
12 August 1991, you were found guilty by Mexican civil
authorities of attempting to smuggle a weapon across the border
into the United States. You were sentenced to a fine and held
for an additional seven days pending appeal. You were returned
to military authorities on 20 August 1991. On 4 September 1991
and 21 May 1992, you received NUP for two periods of unauthorized
absence (UA) totaling 31 days and missing movement through
design. Subsequently, administrative Gischarge 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).
On 28 May 1992, 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 16 June 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NUP’s,
civil conviction by foreign authorities for a very serious
offense, and the fact that you were warned of the consequences of
further misconduct. Finally, 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,
W. Samet
Executive MYrector
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