DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9261-10
4 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 3 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 Reserve on 30 May 1989. You received
nonjudicial punishment on two occasions for using provoking
speech or gestures, drunk and disorderly conduct, assault,
disrespect, insubordinate conduct, and wrongful use of
marijuana. Your record ig incomplete, but you were found to
not be within weight standards during three Physical Readiness
Test cycles, and were convicted by civil authorities of an
unknown offense and sentenced to three years in prison at the
Quachita Correctional Center, Hogden, Oklahoma. 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 waived your
procedural right to an administrative discharge board (ADB).
During October 1996, 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 and
remorse. However, the Board concluded that your discharge
should not be changed due to your misconduct and civil
conviction. 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
ini usbice .
Sincerely,
\y \
W. DEAN PFE
Executive D1
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