DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1663-10
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
September 1991. You received nonjudicial punishment on two
occasions for unauthorized absence ((UA) three specifications
totaling 45 days), disobeying a lawful order, and UA from your
duty section. 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 6 August 1994, 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.
However, the Board concluded that your discharge should not be
changed due to your 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
to 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.
Mérfavorable action cannot be taken. You are entitled to
ve the Board recensider 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
fofficial naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
: is regretted that*the circumstances of your case are such
Sincerely,
Executive Di
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