DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04262-08
9 February 2009
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 5 February 2009. 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 5 October 1984, and served without
disciplinary incident until 14 September 1985, when you received
nonjudicial punishment (NUP) for unauthorized absence (UA) and
failure to obey a lawful order.
Shortly thereafter, you received the following NUP’s: on 23
November 1985 for the illegal use of drugs; on 18 December 1985
for using disrespectful language to a petty officer; on 13
January 1986, for UA and breaking restriction; and on 28 January
1986, you were convicted at a summary court-martial for UA and
failing to obey a lawful order. On 11 February 1986, you were
recommended for separation due to frequent involvement of a
discreditable nature and a pattern of misconduct. On 13 March
1986, the separation authority approved this recommendation and
on 20 March 1986, you were separated with an other than honorable
discharge and an RE-4 reenlistment code.
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 changing the characterization 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,
W. DEAN PFE
Executive D
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