DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9673-10
7 June 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of fatle LO 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 7 June 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 29 March
1988. You received nonjudicial punishment on six occasions for
absence from your appointed place of duty, disobeying a lawful
order (three specifications), dereliction of duty (two
specifications), failure to muster, and a three day period of
unauthorized absence. 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). On 12 December
1991, you received an OTH characterization of service due to
misconduct, and were assigned an RE-4 (not recommended for
retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and post
service good conduct. 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 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 efficial
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,
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