DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7529-10
31 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 ©£ 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 29 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 9 September 1986. You
received nonjudicial punishment and were convicted by civil
authorities. Your offenses were driving under the influence of
alcohol (two specifications). You were notified that your
commanding officer was recommending you for administrative
separation due to misconduct with an other than honorable
characterization of service. You elected to have your case
heard by an administrative discharge board (ADB), which found
that you committed misconduct and recommended that you receive
a general discharge. Your commanding officer concurred with
the ADB’s finding and recommendation, and on 6 February 1995,
you received a general discharge due to misconduct, and were
assigned an RE-4 (not recommended for reenlistment) reentry
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to serve in the armed forces. However, the
Board concluded that you were correctly assigned the RE-4 due
to your misconduct, and non-recommendation for retention. The
Board believed that you were fortunate to receive a general
characterization of service, since Sailors who are separated
for misconduct normally receive an other than honorable
discharge. 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,
LSQea |
W. DEAN PEF
Executive Director
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