DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 9391-10
3 November 2010
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 27 October 2010. 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.
The Board found that you enlisted in the Navy on 23 February
1989. You received nonjudicial punishment on five occasions for
offenses that included an unauthorized absence, disrespect,
failure to obey a lawful order, absence from appointed place of
duty, failure to get a haircut, and reporting to muster out
uniform.
On 27 November 1991 your commanding officer recommended that you
be separated from the Navy by reason of misconduct/pattern of
misconduct, with a discharge under other than honorable
conditions. After being informed of that recommendation, you
waived the right to present your case to an administrative
discharge board. The recommendation was approved by the
Separation authority, and you were discharged on 12 December 1991
with a discharge under other than honorable conditions.
In its review of your application, the Board carefully considered
your contention to the effect that you were discharged due to
your failure to get a haircut, but found it unsubstantiated and
insufficient to warrant the approval of your request for
corrective action. 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
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,
\DYaae
W. DEAN FE
Executive D
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