DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00623-10
25 October 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 21 October 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 in 23 April 1991, and served
without disciplinary incident until 5 March 1992, when you
received nonjudicial punishment for making a false official
statement with intent to deceive. Shortly thereafter you
committed a serious offense (COSO). Your record is incomplete,
but it appears that you were recommended for separation with a
other than honorable (OTH) discharge due to a COSO and alcohol
rehabilitation failure by refusing to attend Level III treatment.
You waived your rights to consult with counsel and an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 6 August 1991, you were
separated with an OTH discharge due to a COSO and assigned 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, and post service good conduct. Nevertheless, the
Board concluded these factors were not
sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. Additionally, the
waived your procedural right to an ADB,
retention or a better characterization
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action cannot be taken. You
Board found that you
your best opportunity for
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
are entitled to have the
Board reconsider its decision upon submission of new and material
evidence.or otherfmatter not previously considered by the Board.
fn this regard, it is important to keep in mind that a
‘oresumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
recomp;. the burden is on the applicant
to demonstrate the
existence of probable material error or injustice.
Sincerely,
Wo Rea
hee
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