DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 710-10
5 October 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 5 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 1 March 1982. You received nonjudicial
punishment on four occasions for wrongfully disobeying a chief
petty officer, unauthorized absence (three days), wrongful
possession of marijuana and drug paraphernalia, wrongfully
using marijuana (two specifications), absence from your
appointed place of duty, and sleeping on watch. You were
notified that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
discharge due to misconduct. You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 25 May 1984, you received an OTH discharge due
to 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, desire
for an upgrade, and current medical problems. However, the
Board concluded that your discharge should not be changed due
to your numerous acts of misconduct. The Board found that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. You are
advised that no discharge is upgraded automatically due solely
"bo, the passage of time or post service good conduct. In view
“of the above, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
Tt is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
pave the Board regonsider 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,
lout
W. DEAN PFE
Executive D
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