DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02490-10
27 December 2010
ed
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 15 December 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 enlisted in the Navy on 15 May 1986. On 12 May 1987, you
received nonjudicial punishment (NIP) for being in an
unauthorized absence (UA) status for 43 days, missing the
movement of your ship, and two incidents of wrongful use of
marijuana. On 14 May 1987, you were convicted by a summary
court-martial (SCM) of the above mentioned offenses. You were
sentenced to a forfeiture of $438, reduction in pay grade, bread
and water for three days, and 24 days restriction. On 17 May
1987, administrative separation action was initiated by reason of
misconduct due to the commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
commanding officer submitted his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. ‘The discharge authority directed an other than
honorable discharge by reason of misconduct. On 31 August 1987,
you were so discharged. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of one NJP
and conviction by one SCM of misconduct. The Board noted that
you waived your right to an ADB, your best opportunity for
retention or a more favorable characterization of service. In
this regard, .an..Rie 4 geenlistment code is required when an
¥ dividual ts” digcharged prior to the expiration of his term of
Gdlctive obligated Service for misconduct and is not recommended
‘for retention. Accordingly, your application has been denied.
> The names aye votem of the members of the panel will be furnished
upon reques®.
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,
Tos
W. DEAN ER
Executive rector
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