DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TJR
Docket No: 5571-06
15 February 2007

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 13 February 2007. 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 Naval Reserve on 7 February 1987 and began a period of active duty on 11 February 1987 at age 27. About eight months later, on 30 October 1987, you received nonjudicial punishment (NJP) for missing the movement of your ship and a 13 day period of unauthorized absence (UA). The punishment imposed was extra duty for 45 days and reduction to paygrade E-1, which was suspended for six months. On 29 April 1988 you received NJP for a 29 day period of UA and were awarded a $672 forfeiture of pay and restriction and extra duty for 45 days. Further, as a result of this misconduct, the 30 October 1987 suspended punishment was vacated.

Subsequently, on 6 May 1988, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense, minor disciplinary infractions, and failure to support your dependents. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 10 May 1988 your
commanding officer recommended a discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense. On 18 May 1988 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 27 May 1988 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 have your discharge upgraded. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in two NJPs. The Board also noted that you were given an opportunity to defend yourself, but waived your procedural rights to present your case to an ADB. 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,

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