DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11254-10
15 August 2011
This igs in reference to your application for correction of 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 10 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 probable material error or
injustice.
You entered active duty in the Navy on 1 November 1989, and
served without incident until 11 October 1991, when you received
nonjudicial punishment (NUP) for dereliction of duty. Shortly
thereafter, you received the following NUP’s: on 12 February
1992, for resisting arrest and larceny; and on 14 September 1992,
for unauthorized absence and drunken or reckless driving.
Therefore, you were recommended for separation with an other than
honorable (OTH) discharge due to your serious misconduct. You
waived your rights to consult with counsel and request an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 13 October 1992, you were
separated with an OTH discharge and a RE-4 reentry code.
The Board, in ite review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, and claim that you were given an early out vice
separation due to misconduct, which is unsubstantiated.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your characterization of
discharge due to your serious misconduct. The Board noted that
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,
Vu! ;
W. DEAN PFEIYF
Executive Dige
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