DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01683-10
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 had prior active duty service in the Navy in which you
received an honorable discharge. You reenlisted on 1 May 1989,
and served without disciplinary incident until 8 January 1990,
when you received nonjudicial punishment (NUP) for an
unauthorized absence (UA). Shortly thereafter, you received the
following disciplinary actions: on 12 April 1991, you received
NgP for three specifications of UA; and on 23 May 1991, you
received another NUP for failure to go to your appointed place of
duty and breaking restriction. Therefore, you were recommended
for separation with an other than honorable (OTH) discharge due
to a pattern of misconduct. You exercised your right to counsel
but waived an administrative discharge board (ADB). However,
while waiting to be separated from naval service, you went UA and
continued in a UA status until you were discharged in absentia
on 12 July 1991, with an OTH discharge and an RE-4 (not
recommended for retention) reenlistment code due to a pattern of
misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, character reference letter, and prior honorable
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. * The Board noted
that you waived your procedural right to an ADB, your best
opportunity for retention or a better characterization of
service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
“Fypon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
i 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,
LoMaa@Pe,
W. DEAN PFEI
Executive Di
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