DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS
Docket No: 5488-09
1 July 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 3‘June 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 Reserve on 11
November 1991. Your received nonjudicial punishment on three
occasions for offenses that included dereliction of duty,
malingering, communication of a threat, and insubordination.
On 3 December 1997 your commanding officer recommended that you
be separated from the Navy Reserve with a general discharge by
reason of misconduct due to the commission of a serious offense.
When informed of that recommendation, you waived the right to
present your case to an administrative discharge board, After
review by the discharge authority, the recommendation for ;
separation was approved and on 8 December 1994 you were separated
by reason of misconduct with a general discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, as well as your unsubstantiated contention that the
charges lodged against you were false. The Board concluded that
those factors are insufficient to warrant recharacterization of
your service, given the frequency and severity of your
misconduct. 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 camnot 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 1s 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 dun
W. DEAN PF
Executive DivyegWor
Copy to: Disabled American Veterans
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