DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20379-5100
SJN
Docket No: 10140-08
24 September 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 22 September 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, reguiations,
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 April 1985 at age 18. On 16 July 1985, you were convicted by
civil authorities of public drunkenness, resisting arrest and -
disobedience of a police officer. During the period from
25 February to 17 dune 1986, you received four nonjudicial
punishments (NJP's) for eight instances of absence from your
appointed place of duty, dereliction of duty, and underage
drinking. Additionally, you were counseled and warned, on more
than one occasion, that further misconduct could result in
administrative discharge action.
On 24 June 1986, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After being advised of your procedural rights, you waived the
right to an administrative discharge board (ADB). The separation
authority directed discharge under other than honorable
conditions by reason of misconduct. You were so discharged on
3 September 1986. 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 found that
these factors were not sufficient to warrant any change in your
discharge because of the four NUP’s and civil conviction. The
Board also noted that you waived an ADB, your best chance for
retention or a better characterization of service. With regard
to your reenlistment code, the Board found no factors to warrant
a change, which was based on your disciplinary record and
substandard behavior. In this regard, an RE-4 reenlistment code
is required when a Sailor is discharged 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,
pe PFE
Executive D ia
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