DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8176-10
14 June 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 14 June 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 enlisted in the Navy and entered active duty on 7 November
1989. You were received nonjudicial punishment on five
occasions for incapacitation for the performance of your
duties, unauthorized absence, disrespect, assault (two
specifications), drunk and disorderly conduct, and absence from
your appointed place of duty. On 24 August 1989, you were
notified that your commanding officer was recommending you for
administrative separation due to misconduct. You elected to
have your case heard by an administrative discharge board
(ADB), which met and found that you had committed misconduct
and recommended an other than honorable (OTH) characterization
of service. Your commanding officer agreed with the ADB's
finding and recommendation, and on 24 March 1992, you were
discharged with an OTH characterization of service due to
misconduct, 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 and
alcohol abuse problems. However, the Board concluded that your
discharge should not be changed due to your numerous acts of
migconduct. You are advised that no discharge is 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
ang.votes of the members of the panel will be furnished upon
request. a.
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 erficial
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 D r
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