DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 13009-0939
26 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 25 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 3 November 1994, and
served without disciplinary incident until 19 January 1996, when
you were convicted at a summary court-martial (SCM) for an
unauthorized absence in excess of 30 days. Shortly thereafter,
you received nonjudicial punishment for failure to obey a lawful
order. Therefore, you were recommended for separation with an
other than honorable (OTH) discharge due to misconduct. You
waived your rights to consult with counsel and request an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 14 August 1996, 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 seriousness of your 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,
Ls.
W. DEAN k
Executive react or
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