DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11779-08
29 October 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 15 October 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
> October 1985, at age 18. During the period from 30 December
1985 to 30 December 1988, you received six nonjudicial
punishments (NIP’s) for four occurrences of assault, drunkenness,
incapacitation for the performance of duty, fighting and two
occurrences of unauthorized absence (UA). You were counseled and
warned that further misconduct could result in administrative
discharge action. ,
On 31 December 1988, administrative discharge action was
initiated by reason of misconduct. Your case was heard by an
administrative discharge board (ADB), which voted three to zero
in favor of an under other than honorable discharge. Your
commanding officer concurred with the ADB’s recommendation and
Forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. On 31 March
1989,- 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 found that
these factors were not sufficient to warrant changing the reason
or characterization of your discharge given your record of six
NJP's, and the fact that you were counseled and warned of the
consequences of further misconduct. An RE-4 reenlistment code is
required when an individual is discharged due to a pattern of
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 oo
existence of probable material error or injustice.
Sincerely,
Executive Diredtar:
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