DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05643-09
23 April 2010
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 21 April 2010. 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 enlisted in the Navy on 1 May 1979, at age 17. On 9 October
1979, you received nonjudicial punishment (NUP) for being in an
unauthorized absence (UA) status. Between 19 November to
21 November 1979 you were UA. You were counseled concerning your
failure to report to work. On 28 September 1981, you received -
NOP for failure to obey a lawful order. On 24 October 1981, you
received NUP for a second failure to obey a lawful order. You
were notified that administrative discharge procedures were
initiated and that you would receive a reenlistment code of RE-4
for your substandard performance and inability to adapt to
military service upon your separation. The discharge authority
directed a general discharge by reason of substandard
performance. You were so discharged on 29 January 1982.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your RE-4 reenlistment code
or character of service, given your record of three NJP’s for
i
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. 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,
\p\
rE
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