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NAVY | BCNR | CY2009 | 03801-09
Original file (03801-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

BUG
Docket No: 3801-09
6 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 1 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 10 October 1984. You received nonjudicial

- punishment on two occasions for unauthorized absence (UA),

failure to obey a lawful written order, wrongful disposition,
absence from your appointed place of duty, and wrongfully
disobeying the order of a petty officer. On 26 February 1987,
you received a summary court-martial for UA, missing movement,
and failure to pay a just debt. On 10 April 1987, you were

notified of your commanding officer's (CO’s) recommendation

that you receive administrative separation processing for an
other than honorable (OTH) discharge for misconduct due to a
pattern of misconduct. You waived your right to an
administrative discharge board (ADB). On 22 May 1987, the
separation authority approved your CO’s recommendation. On

5 June 1987, you received the OTH discharge for misconduct due
to a pattern of misconduct, 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
current desire to serve your country. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
changing your OTH discharge or reenlistment code because of
your serious and 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 ali 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,

 

Copy to:

The Honorable i

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