DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7459-07
13 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 7 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.
On 27 June 1979, you enlisted in the Navy at age 20 and served
without incident for four years. On 23 January 1986, you had
nonjudicial punishment for wrongful appropriation. You were
also counseled regarding deficiencies in your performance and
conduct and warned that further infractions could result in
disciplinary action or an other than honorable (OTH) discharge.
On 26 March 1986, you had NUP for altering a base decal and
safety card. On 21 April 1986, you were counseled regarding
deficiencies in your performance and conduct and again warned
that further infractions could result in disciplinary action or
an OTH discharge. On 23 June 1986, you had NUP for failure to
go to your appointed place of duty and suspended punishment
from the previous NUP was vacated.
On 7 July 1986, your commanding officer initiated
administrative separation by reason of misconduct due to a
pattern of misconduct. In connection with this processing, you
acknowledged that separation could result in an OTH discharge
and elected to have your case heard by an administrative
discharge board (ADB). On 7 October 1986, an ADB found that
you were guilty of misconduct due to-a pattern of misconduct
and recommended a general discharge. On 15 September 1986, the
separation authority approved the separation recommendation and
directed a general discharge by reason of misconduct due to a
pattern of misconduct. On 24 November 1986, you were so
discharged and assigned an RE-4 reenlistment code.
Regulations direct assignment of an RE-4 reenlistment code to
members who are discharged by reason of 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 the RE-4 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,
Tk DD. adn
ROBERT D. SALMAN
Acting Executive Director
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