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NAVY | BCNR | CY2010 | 08748-10
Original file (08748-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 8748-10

18 May 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 17 May 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 18 April
1984. You received nonjudicial punishment (NJP) on three
occasions for wrongful possession of drug paraphernalia and
marijuana, missing restricted men’s muster (two
specifications), and wrongful appropriation of a stereo
cassette player valued at $50.00. You were then notified that
your commanding officer was recommending you for administrative
separation with an other than honorable (OTH) characterization
of service due to misconduct. You exercised your procedural
right to have your case heard by an administrative discharge
board (ADB), which found that you had committed misconduct and
recommended that you be discharged with a general
characterization of service. Unfortunately, you received two
more NUJP’s for sleeping on watch and wrongful possession of
marijuana. You were again notified that you were being
recommended for administrative separation due to misconduct
with an OTH characterization of service. You waived your
procedural right to an ADB. On 16 September 1986, you
received an OTH characterization of service due to 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.
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 a second 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. 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
injustice.

Sincerely,

Rayon Sy eens is

ROBERT D: SALMAN
Deputy Executive Director

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