DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 07281-09
5 August 2010
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 4 August 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. In this regard, the Board substantially concurred
with the comments contained in the advisory opinion.
You enlisted in the Navy on 26 March 1990, at age 19. On
15 September 1992, you were in an unauthorized absence status.
On 29 July 1993, you received nonjudicial punishment (NJP) for
assault upon a senior petty officer. On 6 September 1993, 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 November 1993, the discharge authority directed a general
discharge by reason of misconduct. You were so discharged on
14 December 1993.
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 NIP 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
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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.
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
presumpt iio 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
existenge of probable material error or injustice.
Sincerely,
W. DEAN EKO
Executive Diréctor
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