DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1604
ARLINGTON VA 22204-2490
BAN
Docket No: 03787-11
31 January 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 31 January 2012. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You entered active duty in the Navy on 4 February 1992, and
served without incident until 16 October 1992, when you received
-nonjudicial punishment (NUP) for unauthorized absence (UA),
failure to obey a lawful order, and assault. Shortly thereafter,
you received the following NUP: on 5 February 1994, for failure
to obey a lawful order and disrespect toward a commissioned
officer. You were also given a page 13 and retained in service
barring any future misconduct. However, on 14 April 1994, you
received another NUP for disorderly conduct and two m,
specifications of failure to obey a lawful order. Therefore, you
were recommended for separation with an other than honorable
(OTH) discharge due to your pattern of misconduct. You waived
your rights to consult with counsel and request an administrative
discharge board (ADB). The separation authority approved the
recommendation and on 22 April 1994, you were separated with an
OTH discharge and an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as.
your youth, family problems and claim that you are now homeless
and need assistance from the veterans’ administration.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your characterization of
discharge due to your frequent acts of misconduct. The Board
noted that you waived your right to an ADB, your best opportunity
for retention or a better characterization of service.
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 th
existence of probable material error or injustice.
Sincerely,
LQorrd
W. DEAN PFE
Executive D oO
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