DEPARTMENT OF THE NAVY
-BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03002-09
20 January 2010
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 20 January 2010. 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
20 September 1979, at age 25. On 12 November 1981, you received
nonjudicial punishment (NUP) for two occasions of unauthorized
absence (UA). On 19 May 1982, you received NUP for the illegal
use of hashish. On 26 January 1983, you were convicted at a
special court-martial (SPCM) for three periods of being UA
totaling 111 days. You were sentenced to forfeiture of $1425,
and confinement at hard labor for 90 days.
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On 19 September 1983, administrative separation action was
initiated by reason of misconduct due to frequent invoivement of
a @iscreditable nature with military authorities. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your commanding
officer forwarded his recommendation that you be discharged under
ether than honorable conditions by reason of misconduct. On
17 October 1983, the discharge authority directed an other than
honorable discharge by reason of misconduct. On 16 November
1983, 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, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
reenlistment code or characterization of your discharge, given
your record of two NJP’s and conviction by one SPCM. In this
regard, an RE-4 reenlistment code is required when an individual
is discharged prior to the expiration of his term of active
obligated service for misconduct and is not recommended for |
retention. 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,
NAVY | BCNR | CY2009 | 09930-09
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 6 July 1973, you received NUP for being UA for a period of 15 days. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an other than honorable discharge.
NAVY | BCNR | CY2009 | 02403-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 02439-09
A ches tietiber panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 12 January 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 08426-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 01935-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2010. On 13 October 1983, you received your third NJP for an additional UA period. On 27 January 1984, you received the OTH discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2009 | 13023-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | CY2012 | 00904 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. On 31 January 1983, you were again UA for 20 days with no disciplinary action taken by your chain of command. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2012 | 00286-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2012. 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 9 May 1986, you received NUP for being UA for one day.
NAVY | BCNR | CY2011 | 02748-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 2012. 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 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2010 | 01883-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2010. 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 11 January 1984, you received NUP for being UA an unknown period o£ time.