DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
, Docket No: 03530-12
27 February 2013
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 26 February 2013. 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 had prior honorable active duty service in the Navy from 1987
to 1990. You reentered active duty in the Navy on 28 September
1990, and served without any disciplinary action until 25 January
1991, when you received nonjudicial punishment (NJP) for wrongful
use of a controlled substance (cocaine). You received another
NIP on 5 July 1991, for assault and drunk and disorderly conduct.
You were recommended for separation with an other than honorable
(OTH) discharge due to misconduct. You waived your right to
counsel and to an administrative discharge board (ADB). The
separation authority approved the recommendation, and on 19
August 1991, 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 prior honorable service. 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,
\ Spa!
1
W. DEAN PF
Executive D °
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