DEPARTMENT OF THE NAVY —
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN © ;
Docket No: 08965-08
30 July 2009
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 22 July 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 on 3 August 1983, and served without
disciplinary incident until 30 January 1984, when you received
nonjudicial punishment (NUP) for assault (fighting with a
shipmate).
Shortly thereafter, you received the following NUP’s: on 13
August 1984, for disrespect, provoking speech or gesture, and
violation of a general order; and on 12 April 1986, for an
unauthorized absence and failure to obey a lawful order.
Additionally, on 29 June 1987, you were not recommended for
reenlistment due to substandard performance. Therefore, on 2
August 1987, you were separated at the end of your obligated |
enlistment with an honorable discharge and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change to your reenlistment code due
to your substandard performance. 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,
Executive Di
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