DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00359-09
6 November 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 ween,
application on 28 October 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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
30 July 1975, at age 17, On 30 March 1976, you received
nonjudicial punishment (NJP) for being in an unauthorized absence
(UA) totaling 25 days, and missing the movement of your ship.
You were counseled and warned after your NUP that further
misconduct could result in an administrative discharge under
honorable conditions. On 1 April 1976, you were notified that
administrative discharge action was initiated by reason of
unsuitability due to apathy and defective attitude. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board {ADB). On 5
April 1976, 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, test
scores, and overall record of service. Nevertheless, the Board
found that these factors were not sufficient to warrant changing
the reason for your discharge, or reenlistment code given your
defective akhitude. An RE-4 reenlistment code is required when
an individual is not recommended for retention and discharged due
to unsuitability. The Board also noted that you waived the right
to an ADB, your best opportunity for retention or a better
characterization of service. 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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