DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5400
BIG
Docket No: 3049-11
6 December 2011
Dear ST
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 6 December 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 26 October
1987. You received nonjudicial punishment on three occasions
for false swearing, solicitation of another to commit an
offense, making a false official statement, dereliction of
duty, wrongfully taking an overdose of drugs to avoid duty, and
failure to obey a Lawful order. 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 17 August 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, suicide
attempt, and current desire to upgrade your discharge.
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,
ly dans ;
W. DEAN PF
Executive D¥réctor
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