DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10095-
04
13 October 2005
I
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 28
September 2005. 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.
The Board found that you enlisted in the Navy on 24 April 1990. The
record reflects that you received two nonjudicial punishments. The
offenses included disrespect, assault, breach of the peace and
communicating a threat. On 2 November 1991 you were referred to
special court-martial on charges of assault, use of provoking words
on two occasions, disrespect and drunk and disorderly conduct. The
record does not reflect whether a court-martial was actually convened
or, if it was, whether you were convicted of any or all of these
charges. Subsequently, you received two more nonjudicial punishments
for two periods of unauthorized absence and disrespect to the
commanding officer.
On 28 December 1991 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct. After review by the
discharge authority, the recommendation for separation was approved
and you were discharged on 13 January 1992 with an other than
honorable discharge by reason of misconduct. At that time, you were
assigned a reenlistment code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and service in the Army
National Guard. Nevertheless, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge, due to your
record of frequent involvement with military authorities. Specifically, you
were the subject of four nonjudicial punishments within a period of less
than two years. The Board also noted the unresolved court-martial charges.
Applicable regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to misconduct. Since you have been
treated no differently than others in your situation, the Board could not
find an error or injustice in the assignment of your reenlistment code.
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
W. DEAN PFEIFFER
Executive Director
2
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