DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRs
Bocket No: 4046-09
28 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 i6 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 enlisted in the Navy on 21 January 1993.
You received nonjudicial punishment on four occasions for
offenses that included unauthorized absences, failure to go to
appointed place of duty, and failure to obey a lawful order.
On 3 July 1994 an administrative discharge board recommended that
you be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. The recommendation for separation was approved and
on 26 September 1994 you were discharged by reason of misconduct
with a discharge under other than honorabie conditions.
In its review of your application, the Board carefully considered
your contention to the effect that sleep apnea caused your
misconduct, but found it insufficient to warrant the approval of
your request to change the characterization of your service.
‘~~~. ~ ---—ReagRaingly; your application has been dented, ~The namesand~ =--~~-
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,
W. DEAN P
Executive Di r
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