DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8426-10
19 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 19 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 1 July 1987. You
received nonjudicial punishment on two occasions and were
convicted by a special court-martial. Your record is
incomplete, but your offenses included two periods of
unauthorized absence (UA) totaling more than six days, and
absence from your appointed place of duty. You were notified
that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
characterization of service due to misconduct (pattern of
misconduct). You waived your procedural right to an
administrative discharge board (ADB). On 9 September 1988, you
received an OTH characterization of service due to misconduct
(pattern of misconduct), and were assigned an RE-4 (not
recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that your medical condition caused you to go UA.
However, the Board concluded that your discharge should not be
changed due to your numerous acts of misconduct. The Board
found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded
automatically due solely to the passage of time or post service
good conduct. The Board noted,that you failed to submit any
evidence to support your allegation. 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
injustices.
Sincerely,
\
Le.
W. DEAN PFE
Executive D e
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