DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 10516-09
8 July 2010
Dear wane
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 7 July 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 20 November 1984. You received nonjudicial
punishment and a summary court-martial for unauthorized absence
(UA), which consisted of two specifications totaling 49 days.
On 17 July 1987, you were notified that your commanding officer
was recommending you for administrative separation with an
other than honorable (OTH) discharge due to misconduct
(commission of a serious offense). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 30 July 1987, you received an OTH
discharge due to 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, family
problems, and remorse. However, the Board concluded that your
OTH discharge should not be changed due to your lengthy period
of UA. The Board found you waived your right to an ADB, your
best opportunity for retention or a better characterization of
service. 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,
\S
W. eS
Executive re¢tor
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