DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 9240-09
27 May 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 26 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 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 18 September 1973. You received
nonjudicial punishment on nine occasions for absence from your
appointed place of duty (two specifications), violating a
lawful order, assault, possession and use of Marijuana,
disobeying a lawful order (two specifications), sleeping on
watch, larceny, unauthorized absence for 26 days, disrespect
(two specifications), and failure to report an offense. You
were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct.
You requested an administrative discharge board, which
unanimously found that you committed misconduct and recommended
that you receive an OTH discharge. On 6 May 1988, you received
an OTH discharge for misconduct, and were assigned an RE-4
reenlistment code.
In its review of your application, the Board earefully weighed
all potentially mitigating factors, such as your youth.
However, the Board concluded that your OTH discharge should not
be changed due to your numerous acts of misconduct. 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,
WpQou
W. DEAN PF
Executive tor
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