DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 05740-12
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
13 May 1991. The Board found that on 15 May 1991, you were
briefed on the Navy's policy on drug and alcohol abuse. During
the period from 10 October 1991 to 24 June 1992, you received
three nonjudicial punishments (NJP‘s) for unauthorized absence,
Gisobedience, underage drinking, exposing yourself in an indecent
Manner, being incapacitated for. the proper performance of duty,
and failure to go to your appointed place of duty. Additionally,
you were counseled and warned after your first 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). On
29 June 1992, your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 5 August 1992, you received a fourth NUP for
nine instances of failing to go to your appointed place of duty.
On 25 August 1992, the separation authority concurred and
directed an OTH discharge by reason of misconduct due to a
pattern of misconduct. You were so discharged on 4 September
1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to change your characterization of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your four NJP’s, three of which were after you were warned of the
consequences of further misconduct. 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,
Menge :
W. DEAN P FF
Executive e
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