DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8707-08
28 May 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 27 May 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, applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 10 March 1986. You received nonjudicial
punishment (NJP) on four occasions for failure to report to your
appointed place of duty, eight specifications of unauthorized
absence (UA), and failure to obey a lawful order or regulation.
You were counseled twice regarding being overweight. On
5 June 1990, your recommendation for advancement was. withdrawn
due to poor performance and inability to conform to military
regulations. On 6 June 1990, you received an adverse
performance evaluation, and were counseled regarding UA and
warned that further misconduct could result in administrative -
separation. On 27 July 1990, you were not recommended for
reenlistment or advancement. On 1 September 1990, you received
another adverse performance evaluation. That same day, you
received an honorable discharge within three months of the
expiration of your enlistment, and were assigned an RE-4
reenlistment code.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
desire to reenlist in the Navy. However, the Board concluded
that these factors were not sufficient to warrant changing your
reenlistment code due to your repeated misconduct and
substandard performance. In view of the above, 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,
Wud
W. DEAN P
Executive DH tor
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