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NAVY | BCNR | CY2010 | 04594-10
Original file (04594-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 4594-10
25 January 2011

 

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 25 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

You reenlisted in the Navy on 17 October 1984 after more than
three years of honorable service. You received nonjudicial
punishment on two occasions for uttering an insufficient fund
check, two periods of unauthorized absence totaling 10 days,
and missing ship’s movement. You were notified that your
commanding officer was recommending you for administrative
separation with a conditions other than honorable (OTH)
discharge due to misconduct (commission of a serious offense).
You waived all your procedural rights, including your right to
an administrative discharge board (ADB). On 3 January 1986,
you received an OTH discharge due to misconduct (commission of
a serious offense), and were assigned an RE-4 (not recommended
for retention) reenlistment code.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior
honorable service, marital problems, and post service good
conduct. However, the Board concluded that your discharge
should not be changed due to your numerous acts of misconduct.
The Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded
automatically due solely to the passage of time or post service
good conduct. In view of the above, 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,

lo. )
W. DEAN PFEDRF
Executive Direct

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