DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10906-10
20 July 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 19 July 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 13 December
1982. You received nonjudicial punishment on three occasions
for assault (three specifications), failure to obey a lawful
order, and unauthorized absence (eight specifications). On 6
October 1987, you were convicted of aggravated assault by civil
authorities. Your sentence included a minimum of 11 months
confinement. 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 (civil conviction). You waived your procedural
right to have your case heard by an administrative discharge
board (ADB). On 23 February 1988, you were discharged with an
OTH characterization of service due to misconduct (civil
conviction), and 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
current desire for veterans’ benefits. However, the Board
concluded that your discharge should not be changed due to your
numerous acts of misconduct. The Board noted that you waived
your ‘tight:bo.am ADB, your best opportunity for retention or a
better characterization of service. You are advised that no
. discharge is 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,
\o
W. DEAN PFEIF
Executive Dir
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