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NAVY | BCNR | CY2010 | 00329-10
Original file (00329-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 329-10
22 September 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 21 September 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 reenlisted in the
Navy on 7 September 1990, after more than nine years of
honorable service. During your final enlistment, you received
nonjudicial punishment (NJP) on two occasions for unauthorized
absence (five specifications totaling 34 days). You were
notified that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
discharge due to misconduct (pattern of misconduct) and alcohol
abuse rehabilitation failure. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 11 May 1992, you received an OTH
discharge due to misconduct (pattern of 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 youth, prior
honorable service, and current medical problems. However, 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 hag 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 presumptien of regularity attaches to all erticial
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 r Or

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