DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 10277-12
3 December 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 29 November 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
21 November 1989. The Board found that during the period from
14 July 1990 to 30 August 1991, you received three nonjudicial
punishments (NJP’s) for three days of unauthorized absence,
missing ship’s movement, absence from your appointed place of
duty, and assault consummated by a battery. 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
16 September 1991, your commanding officer forwarded your case
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. He stated, in part,
that you had yet to complete one-half of your service obligation
before you had received three NJP’s, two of which were for
serious offenses. He found that you had no desire or potential
for further service. On 18 September 1991, the separation
authority concurred and directed an OTH discharge by reason of
misconduct due to a pattern of misconduct. You were so
discharged on 27 September 1991.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NJP’s, two of which were for serious offenses,
and the fact that you were counseled and warned after your first
NJP 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,
BRIAN J. GEORGE
Head, Discharge Section
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