DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5566-10
10 February 2011
MERE SH Fee
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 8 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 that the evidence submitted was
insufficient to establish the existence of probable material
arrer or injustice.
You entered active duty in the Navy on 21 March 1984. You
received nonjudicial punishment on four occasions for missing
restricted men’s muster, two specifications of unauthorized
absence (UA) totaling 13 days, missing your ship’s movement,
failure to report personnel drinking alcohol aboard a naval
vessel, drinking alcohol aboard a naval vessel, and drunk and
disorderly conduct (two specifications). You also had two
additional periods of UA totaling 37 days for which no
disciplinary action was taken. You were scheduled to attend
Level III (in-patient) alcohol rehabilitation, however, you
were in a UA status when your treatment was to begin. You were
notified that your commanding officer was recommending you for
administrative separation with a conditions under other than
honorable (OTH) discharge due to misconduct (frequent
involvement of a discreditable nature with military
authorities). You waived your procedural right to an
administrative discharge board (ADB). On 10 May 1985, you
received a conditions under OTH discharge due to misconduct
(frequent involvement of a discreditable nature with military
authorities), and were assigned an RE-4 (not recommended for
retention) reenlistment code.
fo
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, desire
for veterans’ benefits, and the fact that your alcoholism is
currently in remission. 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.
Tt 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,
werd
Executive D r
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