DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00422-09
S$ November 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 . 233.
Records, sitting in executive session, considered your. |, a
application on 4 November 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 and began a period of active duty on
28 July 1989, at age 18. On 4 September 1991, you received
nonjudicial punishment (NJP) for two counts of larceny. On
4 September 1991, administrative discharge action was initiated |.
by reason of misconduct due to a commission of a serious offense.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 10 September 1991, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
directed an other than honorable discharge by reason of =.
misconduct. On 25 September 1991, you were so discharged. At
that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the reason
or characterization of your discharge, given your record of NJP
for serious offenses.
The Board also noted that you waived the right to an ADB, your
best opportunity for retention or a better characterization of
service. 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... a
Sincerely,
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