DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8122-09
28 April 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 27 April 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 entered active
duty in the Navy on 1 February 1990. You received nonjudicial
punishment on one occasion for using another service member's
telephone credit card. You were also convicted by special
court-martial of three specifications of larceny. You were
notified that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
‘discharge for misconduct - commission of a serious offense.
You elected to have your case heard by an administrative
discharge board (ADB). On 20 January 1994, the ADB met and
unanimously found misconduct warranting your separation. On 25
March 1994, you received an OTH discharge for misconduct -
commission of a serious offense, and were assigned an RE-4
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, and
remorse. However, the Board concluded that your OTH discharge
should not be changed due to your serious misconduct. You are
advised that no discharge is automatically upgraded due merely
to the passage of time. 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,
W. DEAN BFE
Executive Dil
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