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NAVY | BCNR | CY2010 | 00572-10
Original file (00572-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 572-10
5 May 2010

 

This is in reference to your application for correction of your
naval record dated 19 January 2010, in which you requested
correction of your characterization of service 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 28 April 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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
thereot, 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 oP + March 1990.
You received nonjudicial punishment on four occasions for
offenses that included unauthorized absences, absence from
appointed place of duty, failure to obey 4 lawful order, sleeping
during working hours, and dereliction of duty.

On 16 December 1991 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. When informed of that recommendation, you waived the
right to present your case to an administrative discharge board.
after review by the discharge authority, the recommendation for
separation was approved and on 18 December 1991 you were
separated by reason of misconduct with a discharge under other
than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. The Board concluded that those factors in
your case are insufficient to warrant upgrade of your discharge,
given your numerous disciplinary actions. 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,

\ done?

W. DEAN PF
Executive D\

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