DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1355-11
4 November 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 2 November 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 congidered 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 enlisted in the Navy and began a period of active duty on
29 December 1986 at age 29. On 9 April 1987, you received
nonjudicial punishment (NUP) for failure to obey a lawful general
order and assault.. On 16 April 1987, you were in an unauthorized
absence (UA) status from your unit until you surrendered on
24 April 1987, a period of eight days. You were notified of the
recommendation that you be discharged by reason of entry level
separation due to unsatisfactory performance and/or conduct.
Subsequently, your commanding officer directed an uncharacterized
entry level separation and you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
characterization of service given your unsatisfactory
performance. Additionally, an uncharacterized entry level
separation is required when notification of administrative
discharge processing is issued within the first 180 days of
continuous active duty. 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,
W,. DEAN PFETE
Executive xr r
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