DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 2785-09
3 December 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 3 December 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 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 7 June 1984. You received nonjudicial
punishment on one occasion for a one hour unauthorized absence,
disobeying a lawful order, and wrongfully communicating a
threat. On 12 September 1986, you failed alcohol
rehabilitation. You were advised that you were being processed
for administrative separation with a discharge under other than
honorable (UOTH) conditions due to misconduct - commission of a
serious offense {COSO), and alcohol rehabilitation failure.
You waived all of your procedural rights, including your right
to an administrative discharge board (ADB). On 18 November
1986, you received the UOTH discharge for misconduct - COSO,
and were assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
medical issues. However, the Board concluded that your UOTH
discharge should not be changed due to your serious misconduct.
The Board found 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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