DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11995-10
28 July 2011
This is 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 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 had prior honorable service in the Navy from 1978 to 1983.
You reenlisted on 30 March 1983, and served without disciplinary
incident until 20 December 1985, when you received nonjudicial
punishment (NJP) for assault. Shortly thereafter, on 29 March
1986, you received another NJP for unauthorized absence.
Therefore, you were recommended for separation with an other than
honorable (OTH) discharge due to commission of a serious offense
(COSO). You waived all of your procedural rights, to include
your right to an administrative discharge board (ADB). Therefore
the separation authority approved the recommendation and on 30
May 1986, you were separated with an OTH discharge and an RE-4
reenlistment code due to your COSO.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, claim that you believe your offense was not a serious
crime, and that you had mental health issues. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. 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,
Ls
W. DE P
Executive D °
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