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Ws DEPARTMENT OF THE NAVY
4%) ap BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 4506-10
31 January 2011
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 25 January 2011. 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.
You reenlisted in the Navy on 15 January 1986 after more than
eight years of prior honorable service. You received
nonjudicial punishment on two occasions and were convicted by a
special court-martial. Your offenses included failure to go to
your appointed place of duty (two specifications), failure to
obey a lawful order, disrespect to a commissioned officer (two
specifications), disobeying a lawful order, and using provoking
speech. You were notified that your commanding officer was
recommending you for administrative separation with a
conditions other than honorable (OTH) discharge due to
misconduct (pattern of misconduct). You waived all your
procedural rights, including your right to an administrative
discharge board (ADB). On 4 September 1991, you received an
OTH discharge due to misconduct (pattern of misconduct), and
were assigned an RE-4 (not recommended for retention) reentry
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior
honorable service and alleged personality disorder with your
commanding officer. However, the Board concluded that neither
your discharge nor your reentry code should be changed due to
your numerous acts of misconduct. The Board found that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. You are
advised that no discharge is upgraded automatically due solely
to the passage of time or post service good conduct. Finally,
the Board found no evidence to support your allegation in your
record, nor did you provide any such evidence. 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,
Xen
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