DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10915-09
14 July 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 13 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 21 October 1986. You received nonjudicial
punishment on five occasions for unauthorized absence, absence
from your appointed place of duty (three specifications),
disrespect toward a petty officer, dereliction of duty, and
breaking restriction (14 specifications). You were notified of
pending administrative separation processing with an other than
honorable (OTH) discharge due to misconduct (pattern of
misconduct). You elected to have your case heard by an
administrative discharge board (ADB), which met and found that
you had committed misconduct (pattern of misconduct) and
recommended your separation with an OTH discharge. The
discharge authority concurred with the ADB’s finding and
recommendation, and you were so discharged on 16 September
1988, and 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
desire to upgrade your discharge. 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,
\ Qua Seh.
W. DEAN PF
Executive D or
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