DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 -
SJN
Docket No: 06616-07
28 May 2008
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 21 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
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 29 March 1988 at age 19. During the
period from 30 March 1989 to J November 1990 you received four
nonjudicial punishments (NJP’s) for two instances of
insubordinate conduct, two periods of unauthorized absence (UA) ,
totaling eight days, two instances of assault, disrespectful
language, and resisting apprehension. Additionally, you were
counseled and warned that further misconduct could result in
administrative discharge action.
On 1 November 1990, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your right to consult with counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB).
On 2 November 1990, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 6 November 1990, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. On
30 November 1990 you were so discharged. At that time, you were
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, overall record of service, and the reasons you stated
that led to your misconduct. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge or a change to your reenlistment code given
your record of four NJP’s, two of which were for assault and two
of which were imposed after you were counseled and warned of the
consequences of further misconduct. In this regard, an RE-4
reenlistment code is required when a Sailor is discharged due to
misconduct. Further, you waived the right to an ADB, your best
chance 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, ~
W. DEAN PFEIEFE
Executive Ditract
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