DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

TJR
Docket No: 5575-06
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 reenlisted in the Navy on 7 July 1989 after four years of prior honorable service. You served without disciplinary incident until 13 December 1989, when you received nonjudicial punishment (NJP) for a 30 day period of unauthorized absence (UA) and making a false official statement. The punishment imposed was a $464 forfeiture of pay, reduction to paygrade E-3, extra duty for 30 days, and restriction for 10 days. The reduction in paygrade was suspended for six months.

On 12 March and again on 18 May 1990 you received NJP for two periods of UA totalling 18 days, theft of $40 from a shipment, and forgery of a shipmate’s check. As a result of the 12 March 1990 NJP the suspended reduction to paygrade E-3 was also vacated. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB), stating, in part, that you wanted to be processed out of the Navy as expeditiously as possible and did not desire an ADB.

On 25 May 1990 your commanding officer recommended a discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. On 4 June 1990 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 22 August 1990 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and assertion that you were not ready to reenlist and became afraid after doing so. It also considered your assertion that you believe you can again serve your country. 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 three NJPs and included theft and forgery. Further, there is no evidence in the record, and you have submitted none, to support your assertions. 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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