DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJUN
Docket No: 03180-08
20 February 2009
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 18 February 2009. 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 and began a period of active duty on
24 July 1987 at age 17. During the period from 29 January 1988
to 29 December 1990, you received seven nonjudicial punishments
(NJP’s) for six instances of failure to go to your appointed
place of duty, assault, drunk and disorderly conduct, three
instances of absence from your appointed place of duty,
conspiracy, making a false official statement, two periods of
unauthorized absence, disobedience, and larceny. Additionally,
you were counseled and warned on more than one occasion that
further misconduct could result in administrative discharge
action.
On 31 December 1990, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 6 February 1991 an ADB unanimously found that you had
committed misconduct due to a pattern of misconduct, and
recommended discharge under other than honorable conditions. On
4 March 1991, your commanding officer concurred with the ADB and
forwarded your case to the discharge authority for review.
On 15 March 1991, the discharge authority directed an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct. On 19 March 1991 you were so discharged. At that
time you were assigned a 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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge or a change in the 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 separated due to 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,
\p
W. DEAN F
Executive tor
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