DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1146-11
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 enlisted in the Navy and entered active duty on 7 May 1981.
You received nonjudicial punishment on five occasions for
disrespect (four specifications) , disobedience of a lawful -
order (eight specifications), failure to go to your appointed
place of duty (two specifications) , wrongful use of marijuana,
and unauthorized absence (five specifications totaling seven
days). 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 4 January 1985, 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 and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
numerous 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 ig 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,
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