DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1119-11
27 October 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 26 October 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 reenlisted in the Navy on 8 April 1988 after more than four
years of honorable service. You received nonjudicial
punishment on two occasions for assault consummated by a
battery and a 23 day period of unauthorized absence. You were
then notified that your commanding officer was recommending you
for administrative separation with an other than honorable
(OTH) characterization of service discharge due to misconduct.
You waived your procedural right to an administrative discharge
board {ADB). On 22 May 1989, you received an OTH
characterization of service discharge due to misconduct, and
were assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, current desire to upgrade your discharge,
and alleged mental health issues. However, the Board concluded
that your discharge should not be changed due to your acts of
misconduct. The Board particularly noted 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,
\ den |
W. a
Executive D ctor
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