DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
.WASHINGTON DC 20370-5100
BAN
Docket No: 12233-0608
25 November 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 24 November 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 11 July 1990, and served without
disciplinary incident until 1 October 1991, when you received
nonjudicial punishment (NJP) for dereliction of duty and were
awarded a reduction in rate which was suspended for six months.
Shortly thereafter, you received the following NUP’s: on 28
February 1992, your reduction in rate was vacated due to further
misconduct; and on 2 October 1992, for missing ship’s movement.
On 24 January 1994, you were separated at the end of your
obligated service, received an honorable discharge and an RE-4
reenlistment code due to a reduction in force.
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.
Additionally, the Board noted that an RE-4 reenlistmént code
means that your commanding officer did not recommend you for
retention or reenlistment due to your 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 ali 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,
C
|
W. DEAN PFETINRN
Executive Dik
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