DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10817-09
22 July 2010
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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 14 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 21 November 1980, at age 17. Between
26 March 1981 and 18 February 1982, you received three
nonjudicial punishment’s (NJP’s). You committed the following
offenses: being disrespectful in language toward a senior chief
petty officer, housebreaking, two instances of failure to follow
a lawful order, and having wrongful possession of marijuana. You
were notified that administrative discharge procedures were
initiated and that you would receive a reenlistment code of RE-4
upon your separation. You voluntarily accepted a general
discharge for the convenience of the government. On 25 June
1982, you were so separated and assigned a reenlistment code of
RE-4.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of three NUJP’s for misconduct. The Board also
noted that you were fortunate to receive a general discharge
since a separation under other than honorable conditions ie Grten
directed when an individual is found to have committed
misconduct. 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,
Owe.
Executive D or
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