Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 07574-07
Original file (07574-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO
                                   

                                             TJR
                                                                                           Docket No: 7574-07
                                                                                          18 June 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 17 June 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 23 July 1986 at age 18. You served without disciplinary incident until 19 April 1988, when you received nonjudicial punishment (NJP) for a 16 day period of unauthorized absence (UA) , failure to obey a lawful order, and willfully missing the movement of your ship. The punishment imposed was restriction and extra duty for 45 days, a $50 forfeiture of pay, and reduction to paygrade E—2.
On 25 April 1988 you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 28 April 1988 your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense. On 4 May 1988 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 16 May 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, post service conduct, and desire to serve your country. The Board further considered your assertion of family problems resulting in your misconduct. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of your reenlistment code because of the seriousness of your willful misconduct. Finally, Sailors discharged under other than honorable conditions by reason of misconduct must receive an 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,


W.       DEAN PFEIFFER
 Executive Director

Similar Decisions

  • NAVY | BCNR | CY2007 | 05732-07

    Original file (05732-07.pdf) Auto-classification: Denied

    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 | CY2007 | 11124-07

    Original file (11124-07.pdf) Auto-classification: Denied

    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. However, on 5 April 1989 you were issued a general discharge by reason of other physical/mental condition due to personality disorder and assigned an RE-4 reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2007 | 04111-07

    Original file (04111-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 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. In this regard, an RE-4 reenlistment code is required when a Sailor is discharged due to misconduct.

  • NAVY | BCNR | CY2001 | 03479-01

    Original file (03479-01.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support and applicable statutes, regulations, thereof, your naval record, and policies. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity and your contention that you feel that you deserve the other than honorable discharge, but not the RE-4 However, the Board concluded these...

  • NAVY | BCNR | CY2008 | 08719-08

    Original file (08719-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 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...

  • NAVY | BCNR | CY2006 | 08175-06

    Original file (08175-06.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 2008. On 28 April 1988 your commanding officer recommended that you be separated from the Navy Reserve with a discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense, i.e., the 47 seven day period of unauthorized absence. Consequently, when applying for a correction of an official naval record,...

  • NAVY | BCNR | CY2001 | 04338-01

    Original file (04338-01.pdf) Auto-classification: Denied

    When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. The record reflects that you received nonjudicial conducted on 5 February 1988, diagnosed you with a A psychiatric At that time you were assigned Since you have been treated no differently than Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. Consequently, when applying for a...

  • NAVY | BCNR | CY2008 | 07936-08

    Original file (07936-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. On 18 March 1988, you were notified of pending administrative separation processing for an other than honorable (OTH) discharge for commission of a serious offense (having sex with a 15 year old female). On 13 April 1988, you received the OTH discharge for misconduct for commission of a serious offense, and were assigned an RE-4 reenlistment code.

  • NAVY | BCNR | CY2007 | 08188-07

    Original file (08188-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2008. On 18 August 1988 you received nonjudicial punishment (NJP) for five periods of absence from your appointed place of duty and were awarded a $670 forfeiture of pay and restriction and extra duty for 45 days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2009 | 04424-09

    Original file (04424-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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. You requested an administrative discharge board (ADB).