DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00 REC
Docket No: 04435-10
4 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 2 February 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 and began a period of active duty on
23 June 1986. On 16 January 1987, you were counseled concerning
your failure to pay just debts. On 7 February 1990, you were
counseled concerning your physical readiness test failure. On
21 March 1990, you received nonjudicial punishment (NUP) for
being absent without leave, and failure to obey a lawful order.
On 21 July 1992, you cashed a personal check with the USS SAMUEL
GOMPERS disbursing office in the amount of $510, with
insufficient funds. On 1 September 1993, your command was
informed that you were delinquent on payments to the Navy
Exchange in the amount of $650, and you were counseled concerning
your failure to pay just debts. On 2 May 1994, you were
counseled concerning your failure to pay just debts and provided
assistance. On 13 July 1994, your command was fwetified of
additional unpaid debt totaling $3,909.73. On 25 August 1934,
your command was notified that you continued to have an
outstanding debt with the Navy Exchange which had increased to
$1,233.26. On 29 November 1994, you were counseled concerning
your security clearance being revoked. Administrative discharge
action was initiated by reason of misconduct (pattern of
misconduct). Your case was heard by an administrative discharge
board (ADB), which voted three to one in favor of an
administrative honorable discharge due to misconduct. Your
commanding officer concurred with the ADB's finding and forwarded
his recommendation that you be discharged with an honorable
characterization by reason of misconduct (pattern of misconduct) .
On 17 March 1995, you received the honorable due to a pattern of
misconduct. At that time you were assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your narrative reason for
separation, separation code or reentry code given your record of
one NJP, and serious misconduct. The Board also noted that you
were fortunate to receive an honorable discharge since a
separation under other than honorable conditions is often
directed when an individual is found to have committed
misconduct. 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,
Wage
W. DEAN PF
Executive ar
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