prior Honorable service. On 14 November 1987, you received
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00604-09
24 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. In this regard, the Board substantially concurred
with the comments contained in the advisory opinion.
reenlisted in the Navy on 7 May 1985, after five years of
nonjudicial punishment (NJP) for being in a unauthorized absence
(UA) status. On 4 December 1987, you were counseled concerning
your tardiness in reporting to work. On 16 Pebruary 1988, you
received NUP for dereliction of duty and being drunk on duty. On
29 September and 16 November 1988, you received NUP for
additional periods of UA. On 17 November 1988, you were notified
that administrative discharge procedures were initiated and that
you would receive a reenlistment code of RE-4 for your pattern of
misconduct upon your separation. On 29 January 1989, the
discharge authority directed an under honorable conditions
discharge by reason of misconduct. You were so discharged on
10 February 1989.
The Board, in its review of ‘your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your RE-4
reenlistment code or character of service, given your record of
one four NUP'’s for misconduct. The Board also noted that you
were fortunate to receive a general discharge since a discharge
under other than honorable conditions is often directed when an
individual is found to have committed misconduct. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
The Board believed that you may be eligible for veterans’
benefits that accrued during your first two periods of service.
Whether or not you are eligible for benefits based on either
period of service is a matter under the cognizance of the
Department of Veterans Affairs (DVA). If you have been denied
benefits, you should appeal that denial under procedures
established by the DVA.
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,
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