DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 361-10
21 September 2010
ine
This is in reference to your application for correction of your
late son’s 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 2009. 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 son’s 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 your son entered
active duty in the Navy on 21 June 1985. He received
nonjudicial punishment and was convicted by a special court-
martial. His offenses included absence from his appointed
place of duty, a 25 day period of unauthorized absence, and
escaping from correctional custody. He was then notified that
his commanding officer was going to administratively separate
him with an other than honorable (OTH) discharge due to
misconduct (commission of a serious offense). He waived all of
his procedural rights, including his right to an administrative
discharge board (ADB). On 18 March 1987, he received the OTH
discharge for misconduct (commission of a serious offense), and
was assigned an RE-4 (not recommended for retention)
reenlistment code.
The Board, in its review of your son’s entire record, carefully
considered all potential mitigation, such as his youth and your
desire to upgrade his discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
changing his discharge due to his misconduct. The Board noted
that he waived his right to an ADB, his best opportunity for
retention ora better characterization of service. In view of
the ‘above; Your application has been denied. The names and
votep. of the members of the panel will be furnished upon
request sv."
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
bystthe Bear@...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,
W. DEAN P
Executive Wi tor
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