DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 12 PL LO
19 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 19 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. You entered active duty in the Navy on 9
September 1987. You received nonjudicial punishment on four
occasions for unauthorized absence (five specifications), drunk
on duty, failure to obey a lawful order, and driving while
intoxicated. You were notified of pending administrative
separation processing with an other than honorable (OTH)
discharge due to misconduct (commission of a serious offense).
You elected to have your case heard by an administrative
discharge board (ADB), which met and found that you had
‘committed misconduct (commission of a serious offense), but
recommended that you be retained. Your concurred with the
ADB’s finding, but recommended an OTH discharge. The discharge
authority, the Assistant Secretary of the Navy (Manpower and
Reserve Affairs), approved the findings of the ADB, however,
she directed a general discharge due to misconduct (commission
of a serious offense). You were so discharged on 16 May 1990,
and 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,
remorse, and post service good conduct. However, the Board
ag orcrnces tha tyne general discharge should not be changed due
(Oo your numerous acts of misconduct. The Board noted that you
Bere fortunate’to receive a general characterization of
service, since Sailors who are administratively separated for
misconduct such as yours normally receive an OTH discharge. 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.
F
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,
\S\u& ;
W. DEAN PFE
Executive Diynesyor
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