DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 10065-08
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 July 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
record, 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 11 March 1982. You received nonjudicial
punishment on six occasions for three instances of unauthorized
absence totaling about six days, 10 specifications of missing
restriction/extra duty muster, two instances of missing ship’s
movement, drunk and disorderly conduct, and absence from your
appointed place of duty. On 23 August 1984, you were notified
of pending administrative separation action for an other than
honorable (OTH) discharge due to a pattern of misconduct
(frequent involvement of a discreditable nature with military
authorities), and an RE-4 reenlistment code. You waived your
right to an administrative discharge board (ADB). The
separation authority approved your commanding officer's
recommendation. On 24 September 1984, you received the OTH
discharge for a pattern of misconduct (frequent involvement of
a discreditable nature with military authorities), and an RE-4
reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and
medical problems. Nevertheless, the Board concluded that these
factors were not sufficient to warrant changing your OTH
discharge because of your numerous acts of 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,
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