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NAVY | BCNR | CY2010 | 09693-10
Original file (09693-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 9693-10
8 June 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 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 on 7 September
1983. You received nonjudicial punishment on four occasions
for disobeying a lawful general regulation, unauthorized
absence, and absence from and failure to go to your appointed
place of duty. On 8 June 1987, you were released from active
duty under honorable conditions due to an early release
program, transferred to the Navy Reserve, and assigned an RE-4
(not recommended for retention) reenlistment code. On 6
September 1989, you were honorably discharged from the Navy
Reserve.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your release from active duty. However, the
Board concluded that your discharge should not be changed due
to your misconduct. The Board believed that you were fortunate
to receive a general characterization of service, since Sailors
who have committed misconduct such as yours normally receive
other than honorable discharges. You are advised that no
discharge is automatically upgraded due merely 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,

‘Sani

W. DEAN PF!
Executive

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