DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 7658-12
23 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 16 October 2012. The names and votes of the
members of the panel will be furnished upon request. 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 on 23 March 1992 at age 19. You served
for about eight months without disciplinary incident, but on 30
November 1993 you received nonjudicial punishment (NUP) on two
occasions for absence from your appointed place of duty, failure
to go to your appointed place of duty, and obtaining services
under false pretense.
During the period from 13 January to 5 August 1994 you received
three more NOPs for dereliction of duty, failure to obey a lawful
order, and intent to defraud by wrongfully obtaining telephone
services valued at $461.42. Subsequently, you were processed for
an administrative separation by reason of misconduct due toa
pattern of misconduct and commission of a serious offense. After
waiving your procedural right to consult with legal counsel and
to present your case to an administrative discharge board (ADB),
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct and commission of a serious offense. The discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 16 September 1994 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your frequent and repetitive misconduct which resulted in five
NJPs. Finally, you were given an opportunity to defend yourself,
but waived your procedural right to present your case to an ADB.
Accordingly, your application has been denied.
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,
“ SL
ROBERT D. 4SALMAN
Acting Executive Director
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