DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10090-06
29 January 2008
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 9 January 2008. 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.
be separated from the Navy with a general discharge by reason of
misconduct due to a pattern of misconduct. When informed of this
recommendation, you elected to waive the right to submit a
Statement in response to the discharge action. After review by
the discharge authority, the recommendation for separation was
approved and on 1 December 1984 you received a general discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your good service during
your first enlistment and the mental stress of your second
enlistment which you believe caused your misconduct. The Board
concluded that those factors were insufficient to warrant
recharacterization of your discharge or a change in the reason
for the discharge, given your disciplinary record. There is no
evidence which supports your contention that mental stress caused
your misconduct. 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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