DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08527-09
27 May 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States. Code, section 21552,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy from 1978 to 1982, and received an
honorable discharge and an RE~1 reenlistment code. On 16
February 1982, you reenlisted in the Navy and served without
disciplinary incident until 8 October 1985, when you received
nonjudicial punishment (NUJP) for an unauthorized absence. On 29
March 1989, you were convicted at a general court-martial for
dereliction of duty and larceny. You were then notified that you
were being recommended for separation with an other than
honorable (OTH) discharge due to commission of a serious offense.
You exercised your right to consult with counsel, but waived your
right to an administrative discharge board (ADB). The separation
authority approved the recommendation and on 11 September 1989,
you were separated with an OTH discharge and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant changing your characterization of
service due to your commission of a serious offense. The Board
found you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
rues
W. DEAN P
Executive Oo
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