DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5759-10
17 February 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 15 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
error or injustice.
You entered active duty in the Navy on 27 September 1979. You
received nonjudicial punishment on seven occasions, a summary
court-martial, and were convicted by civil authorities. Your
offenses included indecent assault, breach of the peace,
larceny (three specifications), committing a nuisance,
unauthorized absence (two specifications), being derelict in
the performance of your duties, misbehavior of a sentinel (two
specifications), unlawful entry (two specifications), missing
restricted men’s muster (two specifications), failure to obey a
lawful order, and breaking restriction. 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 20 October 1981, 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.
In its review of your application, the Board carefully weighed
“all potentially mitigating factors, such as your youth and
desire for veterans’ benefits. 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,
W. DEAN s EDRF
e Di
Executiv
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