DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 09320-0939
25 June 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 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 13 November 1989, and served without
disciplinary incident until 8 March 1990, when you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
Shortly thereafter, you received the following NJP’s: on 10
October 1991, for an unauthorized absence (UA) and disrespect
toward a chief petty officer; on 23 January 1992, for possession
of a syringe and testosterone; on 18 February 1992, for two
specifications of use of a controlled substance
(methamphetamines), and wrongful appropriation; and on 14 April
1992, for UA in excess of 17 days, and missing ship’s movement.
Therefore, you were recommended for separation with an other than
honorable (OTH) discharge due to your misconduct. You waived all
of your procedural rights, to include your right to an
administrative discharge board (ADB). The separation authority
approved the request and on 20 April 1992, 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 recharacterization of your discharge
because of your reported acts of misconduct. Additionally, you
waived your right to an ADB, your best opportunity for requesting
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,
\W Ras
W. DEAN PF
Executive tor
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