DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11157-10
28 July 2011
This is in reference to your application for correction ef your
naval record pursuant to the provisions of Title 10, 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 28 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 3 March 1992, and served without
disciplinary incident until 13 August 1592, when you received
nonjudicial punishment (NJP) for underage drinking. Shortly
thereafter, on 15 February 1994, you received NJP for
insubordinate conduct, failure to obey a lawful order, and
drunkenness. In addition, on 15 April 1994, you received another
NUP for unauthorized absence and missing ship’s movement.
Therefore, you were recommended for administrative separation
with an other than honorable (OTH) discharge due to a pattern of
misconduct. You waived your right to consult with counsel and an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 15 July 1994, you were
separated due to a pattern of misconduct with an OTH discharge
and assigned an RE-4 (not recommended for retention) reentry
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge.
Furthermore, the Board found you waived your right to an ADB,
your best opportunity for retention or a better characterization
of service. 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,
WQenrQe
W. DEAN PFE
Executive Di r
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