DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11722-10
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 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 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 15 November
1988. You received nonjudicial punishment on two occasions for
unauthorized absence (nine specifications totaling 25 days),
absence from your appointed place of duty, failure to obey a
lawful order (two specifications}, and disorderly conduct. You
were then notified that your commanding officer was
recommending you for administrative separation with an other
than honorable (OTH) conditions characterization of service due
to misconduct. You waived your procedural right to an
administrative discharge board (ADB). On 6 September 1991, you
received an OTH conditions characterization of service
discharge due to misconduct, and were assigned an RE-4 (not
recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, alcohol
abuse problems, current desire to upgrade your discharge, and
character reference letters. However, the Board concluded that
your discharge should not be changed due to your numerous acts
of misconduct. The Board found that you waived the right to an
ADB, your best opportunity for retention or a better
characterization of service. You are advised that no discharge
is upgraded automatically due solely 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,
ly ‘DEAN Denny
Executive Dir Sta
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