DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10751-10
24 August 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 August 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 the evidence submitted was insufficient
to establish the existence of probabie material error or
injustice.
You enlisted in the Navy on 3 April 1986. On 24 September 1987,
you received nonjudicial punishment (NUP) for drunken or reckless
driving. On 11 March 1989, you received NJP for being derelict
in the performance of your duties. On 8 February 2002, you were
honorably GQischarged from active duty while serving in pay grade
E-5 and assigned an RE-1 reentry code at your decision to not
reenlist, after serving 15 years, 10 months, and six days.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service, and two NUP’s for misconduct. The Board noted that
at the time of your discharge, the Temporary Early Retirement
Authority (TERA) program was not in effect. Nevertheless, the
Board concluded these factors were not sufficient to warrant
granting you a pension under TERA. 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,
\pS assay
Executive D
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