DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08642-10
2 May 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 13 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You had over a year of prior honorable service and on 3 March
1987, you reenlisted on active duty in the Navy, and served
without disciplinary incident until 15 March 1990, when received
nonjudicial punishment (NJP) for two specifications of
unauthorized absence (UA). Shortly thereafter, you received the
following disciplinary actions: on 31 March 1990, you received
NIP for UA and missing ship’s movement; on 5 June 1990, you were
convicted at a summary court-martial (SCM) of nine specifications
of UA; and on 26 July 1990, you received NUP for UA. You were
notified that you were being recommended for administrative
separation with an other than honorable (OTH) discharge due to a
pattern of misconduct. You waived your procedural right to an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 7 September 1990, you were
separated with an OTH discharge due to misconduct and were
assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, medical issues, and prior honorable service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repeated 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. Accordingly,
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
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,
W. DEAN PFET
Executive Di
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