DEPARTMENT OF THE NAV)
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00458-13
23 October 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 22 October 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
31 May 1996. The Board found that on 2 May 1997, you were
convicted by civil authorities of driving under the influence of
alcohol. You received a fine and your license was restricted.
Additionally, you were counseled and warned that further
misconduct could result in administrative discharge action. On 4
June 1997 and 29 October 1998, you received nonjudicial
punishment (NUP) for insubordination, two instances of
disobedience, and two periods of unauthorized absence totaling
four days. 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 4 November 1998, your commanding officer directed that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. You were so discharged on 24 November 1998.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your civil convietion,
two NUP’s, and the fact that 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 injustiee .
Sincerely,
Vo\po0e
W. DEAN PFE
Executive Dire
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