DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
|
WASHINGTON DC 20370-5100
BAN
Docket No: 01333-08
19 September 2008
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 17 September 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.
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.
Your initial enlistment into the Navy was on 27 February 1977, in
which you received three nonjudicial punishments (NJPs) that
consisted of unauthorized absence and possession of illegal
drugs. In 1981, you were honorably discharged. In 1984, you
reenlisted in the Navy and served without disciplinary incident
until 2 November 1984, when you received an NUP for the illegal
use of drugs, and another NJP on 9 September 1991, for drunk and
disorderly conduct in Sasebo, Japan.
On 29 November 1991, you were delivered to the civilian
authorities in Japan for trial on charges of bodily injury. On
4 December 1991, you were found guilty and returned to military
authorities. In May 1992, you were recommended for separation
due to your civilian conviction with an other than honorable
(OTH) discharge, and an RE-4 reenlistment code. The separation
authority approved this recommendation, and on 29 May 1992, 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, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. Accordingly, your
application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
Tt 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,
W. DEAN PF
Executive Di
SS
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