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NAVY | BCNR | CY2010 | 12243-10
Original file (12243-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG

Docket No: 12243-10
10 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 9 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 2 September
1987. You received nonjudicial punishment on three 9ccasions
for driving under the influence of alcohol, larceny, and
driving on base with revoked privileges. 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. You exercised
your procedural right to have your case heard by an
administrative discharge board (ADB). The ADB met, found that
you had committed misconduct, and recommended an OTH
characterization of service. On 24 April 1991, you were
discharged with an OTH characterization of service due to
misconduct, and 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.
However, the Board concluded that your discharge should not be
changed due to your numerous acts of misconduct. 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,

\iSdaas

W. DEAN PRI
Executive \Director

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