DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8083-10
14 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
errer or injustice.
You entered active duty in the Navy on 20 June 1996. You were
convicted by a summary court-martial of an 80 day period of
unauthorized absence. You were then notified that your
commanding officer was recommending you for administrative
separation due to misconduct with a general characterization of
service. On 27 June 1997, you received a general discharge due
to misconduct, 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 and
remorse. However, the Board concluded that neither your
discharge nor reentry code should 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 or reentry code is automatically upgraded due
merely to the passage of time or post service good conduct. In
view of the above, your application has been denied. The names
tand votes of the members of the panel will be furnished upon
‘request. :
r :
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,
\p Dead
W. DEAN PF
Executive Dire@tor
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