DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6491-07
13 May 2008
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 6 May 2008. 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
i 1 ~ ese ISA KT A met eee ee 1 pee coe
Co 6éfobdieh the Ski. Skenes of prebasle maetexial eraor oz
injustice.
You enlisted in the Navy on 10 July 1987 at age 19 and served
without disciplinary incident. However, on 12 January 1988 you
refused to undergo required dental treatment, and by doing so,
you could not serve on-board your ship during underway periods.
Shortly thereafter, on 28 January 1988, because of your dental
condition that existed prior to your enlistment, you were
referred for an evaluation to determine if you were fit for duty
and/or could remain on active duty. Again you refused treatment
to repair your dental deficiencies. At that time you were
recommended for an administrative separation.
In February 1988 you were notified of pending administrative
separation due to your unsatisfactory performance as evidenced by
your refusal to accept treatment for your dental deficiencies,
and you did not object to the separation. Your commanding
officer recommended you be honorably discharged by reason of
unsatisfactory performance. At that time you were not
recommended for retention or reenlistment due to your refusal of
needed dental treatment. Subsequently, the discharge authority
directed an honorable discharge, and on 19 February 1988, you
were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in the reenlistment code because of your refusal to accept dental
treatment which caused you to be unfit for duty and/or retention.
Finally, an RE-4 reenlistment code is authorized when a Sailor,
who is serving in paygrade E-2, is separated for this reason and
is not recommended for retention or reenlistment. 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,
Te pk OS Tee
ROBERT SS nsanMan
Acting Executive Director
NAVY | BCNR | CY2007 | 01944-07
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.On 3 October 1988, you enlisted in the Navy at age 17 with parental consent. On 4 March 1991, you...
NAVY | BCNR | CY2007 | 06382-07
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. December 1984 to 3 May 1985, which was submitted on the occasion of your separation, states that you were not recommended for advancement or retention due to an increase in your weight physical qualifications. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2007 | 04906-07
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...
NAVY | BCNR | CY2007 | 11208-07
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 24 April 1982 at age 18 and began a period of active duty on 27 April 1982...
NAVY | BCNR | CY2008 | 01737-80
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2008. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct that continued...
NAVY | BCNR | CY2007 | 05732-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1998 | NC9802032
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 1999. Further, an individual separated by reason of alcohol rehabilitation failure must receive an RE-4 reenlistment code. 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.
NAVY | BCNR | CY1998 | 02832-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 1999. 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. Further, an individual separated by reason of alcohol rehabilitation failure must receive an RE-4 reenlistment code.
NAVY | DRB | 2004 Marine | MD04-00201
After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).Issue 1: By regulation, members who are processed for discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct, which would merit an “honorable” characterization. When the command suspects a...
NAVY | BCNR | CY2010 | 01545-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 2010. 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. On 30 November 1988 you were notified of administrative separation by reason of erroneous enlistment.