DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8951-10
28 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 26 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 29 April 1980. You
received nonjudicial punishment on seven occasions for failure
to obey a lawful order, unauthorized absence (four
specifications totaling five days), and wrongful use of
marijuana (two specifications). 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. You waived your procedural right
to an administrative discharge board (ADB). On 26 January
1984, 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,
remorse, and post service good conduct. However, the Board
concluded that your discharge should not be changed due to your
numerous acts of misconduct and drug abuse. 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. 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,
i"
W. DEAN PF]
Executive
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