DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG .
Docket No: 10074-0608
29 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 28 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 had prior
honorable service in the Navy from 1983 until 1986. You
reenlisted on 18 June 1986. You received nonjudicial
. punishment (NUP) for wearing an improper uniform, failure to
maintain sufficient funds in your checking account, and failure
to go to your appointed place of duty. On 22 December 1987,
you were counseled regarding failure to pay just debts. On
4 January 1988, you were convicted by a civilian court for
credit card fraud. On 8 January 1988, punishment from your
previous NJP was vacated due to another instance of failure to
‘maintain sufficient funds in your checking account. On
16 February 1988, you were notified that you were being
_ considered for an other than honorable (OTH) discharge for
minor disciplinary infractions. You waived your right to an
administrative discharge board (ADB). In 19 February 1988,
your commanding officer recommended you for an OTH discharge
due to minor disciplinary infractions, and an RE-4 reenlistment
code. On 26 February 1988, you were so discharged.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth, prior
honorable service, remorse, and post service good conduct.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant upgrading your OTH discharge because of
your misconduct. The Board noted you waived your right to an
ADB, your best opportunity for retention or a better
' gharacterization 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,
\eeded, pp”
W. DEAN PF F
Executive D xr
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