DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04292-10
2 February 2011
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 20 January 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 14 March 1980, and served without
disciplinary incident until 23 November 1981, when you received
nonjudicial punishment (NJP) for wrongful use of a controlled
substance (marijuana). Shortly thereafter, you received another
NIP for assault. Therefore, you were recommended for separation
with an other than honorable (OTH) discharge due to misconduct
(commission of a serious offense). You waived all of your
procedural rights, to include your right to an administrative
discharge board (ADB). The separation authority approved the
recommendation for an OTH discharge and on 27 February 1985, you
were separated with an OTH discharge and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your claim that you acted in self-defense and that you had an
exemplary record prior to the offense. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge because of the serious
offenses. Furthermore, the Board found you waived your right to
an ADB, your best opportunity for retention or a better
characterization of service. Regarding your claim of self-
defense, there is no evidence in the record to support it, and
you have offered no such evidence. Accordingly, 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,
W. DEAN PFE
Executive Dikegc
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