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NAVY | BCNR | CY2012 | 00561 12
Original file (00561 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BJG
Docket No: 561-12

17 October 2012

 

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 16 October 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 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 4 June 1985.
You received nonjudicial punishment on six occasions for
unauthorized absence (four specifications), drunk and disorderly
conduct, absence from your appointed place of duty, breaking
restriction, disrespect (three specifications), and wrongful
appropriation of a government vehicle. 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 11 July 1988, 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
remorse. 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. Finally, 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,

a ee 9. )

ROBERT D 4SALMAN
Acting Executive Director

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