DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 12292-11
29 November 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 29 November 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 5 August 1991, and served
without disciplinary incident until 17 August 1993, when you
received nonjudicial punishment (NUP) for an unauthorized absence
(UA). Shortly thereafter, you received the following NJP’s: on
15 November 1993, for UA, three specifications of dereliction of
duty and being incapacitated for duty; and on 11 November 1994,
for UA. In addition, you were in a UA status in excess of 32
days. You were recommended for separation with an other than
honorable (OTH) discharge due to misconduct. You waived your
rights to counsel and an administrative discharge board (ADB) .
The separation authority approved the recommendation, and on 3
March 1995, you were separated with an OTH discharge due to
misconduct and an RE-4 (not recommended for retention) reentry
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change to your
discharge due to your misconduct. Furthermore, the Board found
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 the
existence of probable material error or injustice.
Sincerely,
Qrusnen Dog
BRIAN J. GEORGE
Head, Discharge Section
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