DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02703-08
24 November 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 20 November 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 reenlisted in the Navy on 19 August 1986, and served without
disciplinary incident until 28 January 1988, when you received
nonjudicial punishment (NJP) for unauthorized absence (UA).
Shortly thereafter, you received the following NUP’s: on
17 August 1988, for breach of the peace, provoking speech or
gesture, and disorderly conduct, and on 30 November 1988, for two
specifications of general orders violations.
On 2 December 1988, you were recommended for administrative
separation due to a pattern of misconduct. You waived you right
to consult with legal counsel and your administrative discharge
board (ADB). On 8 December 1988, the separation authority
approved this request and directed an other than honorable (OTH)
discharge and an RE-4 reenlistment code, and on 20 December 1988,
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. The Board noted you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
to your RE-code or an upgrade to your characterization due to 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,
W. DEAN PFE
Executive D or
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