DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
o. REC
Docket No: 00652-09
7 December 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 3 December 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. July..1990, .at age 19. On 1 August 1991, you received
nonjudicial punishment (NJP) for being. absent from your appointed
place of duty. On 8 August 1991, you received NUP for disobeying
a direct order and a lawful order. On 21 August 1991, you
received NIP for again being absent from your appointed place of
duty. On 12 November 1991, you received another NUP for being
drunk onboard a naval vessel. On 12 November 1991, you were
informed that administrative separation action was initiated and
you waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 26 November 1991, you received a fifth NUP for breaking
restriction.
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions (OTH) by reason
of a pattern of misconduct. On 2 December 1991, the discharge
authority directed an OTH discharge by reason of a pattern of
Misconduct. On 6 December 1991, 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, overall
record of service, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing the characterization of your
discharge, or reenlistment code, given your misconduct which
resulted in five NJP’s. An RE-4 reenlistment code is required
when an individual is not recommended for retention and
discharged due to misconduct. 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,
W. DEAN PF
Executive Divector
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