DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01642-08
2 October 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 30 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 24 July 1972, and served without
disciplinary incident, until 17 January 1975, when you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
You reenlisted on 24 July 1975 and again, served without
disciplinary incident, until 9 May 1979, when you received
another NJP for disrespect toward a commissioned officer and
provoking speech toward a chief petty officer. On 5 June 1979,
you were not recommended for reenlistment, and on 23 July 1979
you were discharged with a general discharge and an RE-4
reenlistment code, both of which were warranted by your service
record.
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 the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your 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,
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