DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1650-10
27 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 26 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 4
November 1987. You received nonjudicial punishment on three
occasions for an attempted crime (the offense is not in your
record), larceny, insubordinate conduct, and failure to obey a
lawful order. 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 receive a general discharge. Your
commanding officer concurred with the ADB’s finding. You were
so discharged on 9 February 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, and
post service good conduct. However, the Board concluded that
your general discharge should not be changed due to your
misconduct. The Board noted that you were fortunate to receive
a general characterization of service, since Sailors who are
administratively separated for misconduct such as yours
gnarmally receive an OTH discharge. In view of the above, your
tfepplication has been dénied. The names and votes of the
dmembers of the panel will be furnished upon request.
] i
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,
\o No. Sole
W. DEAN FE
Executive D
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