DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11955-09
10 August 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 10 August 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 2 March 1989 and served honorably until 1
March 1991. You reenlisted on 8 April 1991. You received
nonjudicial punishment (NJP) en two occasions for unauthorized
absence (three specifications totaling two days), failure to
obey a lawful order (two specifications}, incapacitation for
duty, and failure to go to your appointed place of duty. 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 16 July 1993, you received an OTH
discharge due to misconduct, and were assigned an RE-4 (not
recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior
honorable service. The Board concluded that your discharge
should not be changed due to your misconduct. The Board found
that 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
@fequest. - _§
; F
“is regretted’that She 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
fihat a. presumpt ipn 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,
\f
W. EAN R
Executive xr or
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