DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08856-07
. 29 September 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 23 September 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 November 1982 at age 19. On
11 February 1986 and 14 January 1987, you received nonjudicial
punishment (NJP) for larceny, four instances of wrongful
appropriation, and disobedience. Additionally, you were
counseled and warned that further misconduct could result in
administrative discharge action.
On 6 May 1987, you were notified of pending administrative
separation action by reason of misconduct due to minor
infractions. After being advised of your procedural rights, you
waived the right to an administrative discharge board (ADB).
Your commanding officer directed your separation, and on 12 May
1987, you received a general discharge. At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in the
reason for your discharge, characterization of service, or
reenlistment code which was based on your disciplinary record and
substandard behavior. In this regard, an RE-4 reenlistment code
is required when an individual is discharged due to misconduct.
The Board also noted that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when an individual is discharged for
misconduct. 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 PF
Executive D
my
Cs
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