DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 4459-09
30 September 2009
red
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. oO he:
A three-member panel of the Board for Correction of Naval... -.
Records, sitting in executive session, considered your ~= |...
application on 29 September 2009. The names and votes of the
‘members of the panel will be furnished upon request. 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 on 20 July 1991 at age 18 and served
without disciplinary infraction until 2 January 1992,. when you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty. Shortly thereafter, on 20 March and
again on 12 April 1992, you received NIP for two periods of
absence from your appointed place of duty.
Subsequently, on 23 April 1992, you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct. after consulting with legal counsel, you
elected to present your case to an administrative discharge -board
(ADB). On 1 June 1992 an ADB recommended discharge under
honorable conditions by reason of misconduct due to a pattern of
misconduct. On 5 June 1992 your commanding officer also |
recommended discharge under honorable conditions by reason of
igconduct. On 11 July 1992 the discharge authority approved
these recommendations and directed your commanding officer to
issue you a general discharge by reason of misconduct due to a
pattern of misconduct, and on 29 July 1992, you were so
discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to change your
reenlistment code for employment purposes. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change of your reenlistment code because of the seriousness of
your repetitive misconduct which resulted in NJP on three
occasions. Further, an RE-4 reenlistment code is required when a .
Sailor is separated by reason of misconduct. Accordingly, .your... .
application has been denied.
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 | CY2008 | 07001-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009. Subsequently, on 11 May 1992, an ADB unanimously found that you had committed misconduct due to a pattern of misconduct, and recommended discharge under other than honorablé ¢6Hditions.” Further, during the ADB proceeding, you confessed to the pending larceny charge involving the Navy Exchange. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2008 | 04926-08
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. In connection with this processing, you acknowledged that separation could result in an other than honorable (OTH) discharge and waived the right to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2008 | 03581-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 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. when applying for a correction of an official naval urden is on the applicant to demonstrate the probable material error or injustice.
NAVY | BCNR | CY2002 | 05204-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted and applicable statutes, regulations and Your allegations of error and After careful and conscientious consideration of the entire record, the Board found that the...
NAVY | BCNR | CY2009 | 02153-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. Documentary marerial 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. The ADB voted three to zero in favor of an under other than honorable discharge due to a pattern of misconduct.
NAVY | BCNR | CY2008 | 03180-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 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. In this regard, an RE-4 reenlistment code is required when an individual is separated due to misconduct.
NAVY | BCNR | CY2008 | 03809-08
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. Based on verification of your date of discharge by the Navy Personnel Command (Pers-312D1), on 5 July 1992, you were so discharged. 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...
NAVY | BCNR | CY2008 | 11822-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 October 2009. Documentary material considered by the Board consisted of your application, together with ali 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 | CY2008 | 08790-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 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. 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 | 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.