DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10388-9a9
29 June 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 29 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
ansufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 3 February 1986. You received nonjudicial
punishment on eight occasions for unauthorized absence (seven
specifications totaling 10 days), failure to obey a lawful
order (six specifications), larceny, disorderly conduct (two
specifications), and willfully disobeying a lawful order (two
specifications). You were counseled on five occasions and
warned that further misconduct could result in administrative
separation. On 20 October 1989, you were notified that your
commanding officer was recommending you for administrative
separation with an other than honorable (OTH) discharge due to
misconduct. You waived all of your procedural rights,
including your right to an administrative discharge board
{ADB). On 19 December 1989, you received an OTH discharge due
to misconduct, 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
belief that your discharge would be upgraded after three years.
However, the Board concluded that your OTH discharge should not
be changed due to your numerous acts of misconduct which
continued even after you were counseled. The Board found you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. You are
advised that there is no provision of law or in naval
regulations that allow for an upgrade of a discharge 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,
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