DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 10745-08
21 August 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.
'BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 August 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 28 April 1975. You received nonjudicial .
punishment on three occasions for a 10 day period of —
unauthorized absence (UA), violating a general order or
regulation, and larceny of $70.00 from another Sailor. You had
two other periods of UA totaling more than 87 days, one of
which ended with your apprehension. You record shows that no
disciplinary action was taken for this misconduct. You were
recommended for an other than honorable (OTH) discharge for
misconduct. You waived all of your procedural rights,
jncluding your right to an administrative Aischarge board
(ADB). On 11 September 1978, you received the OTH discharge
for misconduct, and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and desire
for medical benefits. 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 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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