DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7956-10
13 April 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 12 April 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 31 July 1989. You had a
positive accession urinalysis for the wrongful use of
marijuana. Your record is incomplete, but you received
nonjudicial punishment on three occasions for conspiracy to
commit assault, assault, unauthorized absence (five
specifications), making a false official statement, and
dereliction of duty (two specifications). On 26 March 1993,
you received a general discharge due to parenthood, and were
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, desire
for veterans’ educational benefits, and character reference
letters. However, the Board concluded that your discharge
should not be changed due to your misconduct. The Board
believed that you were fortunate to receive a general
discharge, since individuals who have committed misconduct such
as yours normally receive an other than honorable
characterization of service. You are advised that no discharge
is automatically upgraded due 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
a
ypanel will be a 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. %n 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 PF]
Executive
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