DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09663-08
24 August 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 August 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
8 July 1986 at age 18. On 18 December 1986 and 10 March 1988 you
received nonjudicial punishment (NJP) for underage possession of
alcoholic beverages and two instances of assault. On 1 June
1988, a medical evaluation diagnosed you with a moderate to
severe explosive personality disorder that existed prior to your
entry into the naval service.
On 9 September 1988, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. On 18 September 1988, the discharge authority directed
an other than honorable discharge by reason of misconduct. ‘On
26 September 1988 you were so discharged. At that time, you were
assigned an 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 a change in the
reenlistment code, which was based on your disciplinary record of
two NJP’s for serious offenses, 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,
W. DEAN PFETES
Executive Di
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