DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DC 20370-5100 Docket No: 00528-0909
24 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
application on 18 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 and began a period of active duty on
26 August 1991, at age 20. On 4 September 1991, you received
nonjudicial punishment (NUP) for three occurrences of
insubordinate conduct, three instances of provoking speech or
gestures and using wrongfully provoking words toward a fellow
Sailor. You received a forfeiture of $200, and were recommended
for discharge. On 26 September 1991, you were discharged from
active duty with an entry level separation and were assigned an
RE-4 reenlistment code based on your performance and conduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as overall record of
service, and your youth. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
reenlistment code, which was based on your disciplinary record, |
and substandard behavior. In this regard, an RE-4 reenlistment
code is required when an individual is discharged with an entry
level separation and less than 180 days 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,
\p
W. DEAN PFE
Executive Di r
NAVY | BCNR | CY2005 | 00506-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 October 2005. 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. On 7 March 1993, while serving in paygrade E-2, you were honorably released from active duty and transferred to the Naval Reserve.
NAVY | BCNR | CY2011 | 01030-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2011. 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. In this regard, an RE-4 reentry code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2008 | 06984-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2009. 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. On 29 December 1992, you were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2008 | 02243-08
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. Given your diagnoses that resulted in discharge after about three months of active service and since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the entry level separation or assignment of the RE-4 reenlistment code. ...
NAVY | BCNR | CY2009 | 00652-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 December 2009. 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. On 8 August 1991, you received NUP for disobeying a direct order and a lawful order.
NAVY | BCNR | CY2004 | 10095-04
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2005. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. 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.
NAVY | BCNR | CY2008 | 11747-08
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 15 October 2009. Documentary material considered by the Board consisted of your application, together with alii material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 12263-08
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 were advised that you were being administratively separated with .an other than honorable (OTH) discharge due to misconduct and you waived your procedural right to an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2009 | 00090-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2009. On 29 October 1993, you were separated at the end of your obligated service with an honorable discharge and an RE-4 reenlistment code. 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.
NAVY | BCNR | CY2006 | 08555-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 July 2007. 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...