DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5932-10
2 March 2011
WIESE ial
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 1 March 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 14 July 1988. You
received nonjudicial punishment on two occasions for failure to
obey a lawful order (two specifications), disorderly conduct,
and assault. You were notified that you were being
administratively separated due to misconduct (commission of a
serious offense) with a general characterization of service.
You waived your procedural right to an administrative discharge
board (ADB). On 20 May 1991, you were discharged under
honorable conditions due to misconduct (commission of a serious
offense), and assigned an RE-4 (not recommended for retention)
reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, need
for veterans’ benefits, and desire to reenlist in the armed
forces. However, the Board concluded that your discharge
should not be changed due to your misconduct. The Board noted
that you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. The Board
believed you were fortunate to receive a general discharge,
since Sailors who are administratively separated for misconduct
such as yours normally receive an other than honorable
characterization gf service. You are advised that no discharge
is upgraded wutomatically due merely 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 ali. of ficial
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,
Yosh
W. DEAN are
Executive Ds
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