DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12582-09
31 August 2010
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 18 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You entered active duty in the Navy on 20 February 1986, and
served without disciplinary incident until 6 January 1987, when
you received nonjudicial punishment (NUP) for an unauthorized
absence (UA). Shortly thereafter, you received the following
disciplinary actions: on 28 May 1987, you received NJP for UA;
on 30 December 1987, you received NUP for UA; and on 22 January
1988, you received NUP for three specifications of failure to go
to your appointed place of duty. In addition, you self-admitted
to a drug problem. On 26 February 1988, you were offered drug
treatment, but you declined. You were recommended for separation
with an other than honorable (OTH) discharge due to a pattern of
misconduct. You waived your rights to consult with counsel, and
request an administrative discharge board (ADB). The separation
authority approved the recommendation and on 26 February 1988,
you were separated with an OTH discharge and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the frequency of your misconduct. The Board found
that you waived your procedural right to an ADB, your best
opportunity for retention or a better characterization of
service. 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 D
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