DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 02270-10
13 May 2011
This is in reference to your request for further consideration of
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 12 May
2011. 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. In
this regard, the Board found that you in view of your extensive
disciplinary record, which included seven separate instances of
nonjudicial punishment and a conviction by special court-martial of
a period of unauthorized absence of more than eight months duration,
you would not have been entitled to an honorable discharge regardless
of your final behavior and overall trait mark averages.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to upgrade your general
discharge to honorable, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
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.
Wy Quo
W. DEAN PFEAF
Executive egtor
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