DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 630-13
9 October 2013
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 26 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
ermer Or injustice.
You enlisted in the Navy and entered active duty on 11 April
1990. You received nonjudicial punishment for unauthorized
absencé (two periods totaling 23 days), missing ship’s movement,
and wrongful possession of a base decal (10 instances) . You
were then advised that your command was recommending you for
administrative separation with an other than honorable (OTH)
characterization of service due to misconduct. You waived your
procedural right to have your case heard by an administrative
discharge board (ADB). On 2 May 1992, you were discharged with
an OTH characterization of service due to misconduct, and
assigned an RE-4 (not recommended for reenlistment) reentry
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, Desert
Shield/Storm service, family problems, and current desire to
upgrade your discharge. However, the Board concluded that your
discharge should not be changed due to your misconduct. The
Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that the mere passage of time or post
service good conduct do not require the upgrade of a discharge.
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 efficial 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,
Executive D re
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