DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 12262-09
17 February 2010
This is in reference to your application for correction of your
naval record dated 23 November 2009, in which you reguested
correction of your reason for discharge and your reentry code.
The Board did not consider your request for correction of your
reentry code, as that request was previously denied, and you have
not submitted any new material evidence concerning that request.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 February 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 enlisted in the Navy on 20 September
1989. You received nonjudicial punishments on two occasions for
offenses that included failure to obey a lawful order and
dereliction of duty.
On 12 June 1994 your commanding officer recommended that you be
separated from the Navy with a general discharge by reason of
misconduct due to the commission of a serious offense. After
review by the discharge authority, the recommendation for
separation was approved and on 8 August 1994 you were separated
with a general discharge. .
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record, and the unsubstantiated contention that your commanding
officer stated that misconduct would not be the basis for your
discharge. The Board concluded that those factors were
insufficient to demonstrate that the reason and authority for
your discharge is erroneous or unjust. 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,
Executive Ditectbr
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