DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS *
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10039-08
23 July 2009
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 22 duly 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 and medical records,
and applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire
‘ yecord, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 1 August 1988. You received nonjudicial
punishment on three occasions for three instances of
unauthorized absence, assault or willfully disobeying a
superior commissioned officer, failure to obey a lawful order,
and disobeying a lawful order. On 17 August 1989, you were
notified that your commanding officer was recommending you for
administrative separation processing with an other than
honorable (OTH) discharge for misconduct due to commission of a
serious offense. You. waived your right to an administrative
discharge board (ADB). The separation authority approved your
commanding officer's recommendation. On 22 September 1989, you
received an adverse performance evaluation, the OTH discharge
for misconduct due to commission of s serious offense, and an
RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth, character
reference, desire for veterans’ benefits, and post service good
conduct. Nevertheless, the Board concluded that these factors
_ were not sufficient to warrant changing your OTH discharge
because of your misconduct. The Board noted that you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. In view of the above, 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,
Ls Pex \
W. DEAN PFEIRPFER
Executive Dirett
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