DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5231-09
31 August 2010
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 4 August 2010. 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 28 September
1981. You received nonjudicial punishment on two occasions and
were convicted by a summary court-martial for offenses that
included use of marijuana on two occasions, absence from
appointed place of duty, and making a false official statement.
On 3 April 1985 your commanding officer recommended that you be
separated from the Navy by reason of misconduct/pattern of
misconduct, with a discharge under other than honorable
conditions. After being informed of the recommendation, you
waived the right to present your case to an administrative
discharge board. The recommendation was approved by the
separation authority, and you were discharged on if April. 1985
with a discharge under other than honorable conditions.
In its review of your application, the Board carefully considered
your contention to the effect that you were the victim of
discrimination, unfair treatment, and family problems, which
contributed to your acts of indiscipline, but found it
unsubstantiated and insufficient to warrant the approval of your
request for corrective action. 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.
Sincerely,
Lo Won see
W. DEAN F
Executive or
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