DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 05655-10
16 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 9 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 entered active duty in the Navy on 26 July 1989, and served
without disciplinary incident until 29 September 1990, when you
received nonjudicial punishment (NJP) for being absent from your
unit and disobeying a lawful order. Shortly thereafter, you
received the following disciplinary actions: 30 November 1990,
you received NJP for disrespect and failure to obey a lawful
order; on 21 January 1991, you received NJP for failure to obey a
lawful order; and on 19 March 1991, you were eorvicted at a
special court-martial (SPCM) of an unauthorized absence in excess
of 31 days, and breaking restriction. Your sentence at the SPCM
included a bad conduct discharge (BCD). After appellate review,
on 15 November 1993, you were separated from the Navy with a BCD
and 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 and belief that your offenses do not warrant a BCD.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repeated acts of 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,
lb
W. DEAN P Fy
Executive e ae
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