DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01395-08
2 October 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 30 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.
You enlisted in the Navy on 4 November 1982, and served without
disciplinary incident until 19 August 1985, when you received a
nonjudicial punishment (NUP) for failure to go to your appointed
place of duty.
Shortly thereafter, you received the following disciplinary
actions: on 28 August 1985, NJP for unauthorized absence and
failing to go to your appointed place of duty, on 24 October
1985, willfully disobeying a written lawful order and conduct
bringing discredit upon the armed forces, and on 15 January 1986,
wrongful solicitation to hit another, resulting in the victim
having to receive medical treatment.
On 20 January 1986, you were notified of your processing for
administrative separation due to your misconduct with a
recommendation for an other than honorable (OTH) discharge. You
were advised of your rights and having consulted with counsel,
you elected to waive your administrative separation board. On 3
April 1986, the separation authority approved these
recommendations and directed an OTH discharge with an RE-4
reenlistment code, and on 11 April 1986, 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. 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.
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,
C "
W. DEAN PF R
Executive tor
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