DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08424-09
10 June 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 9 June 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
29 June 1986, at age 20. Between 22 July 1987 and 12 February
1988, you received three nonjudicial punishments (NJP’s). You
committed the following offenses: failure to obey a regulation,
failure to go to your appointed place of duty, insubordinate
conduct toward a chief petty officer, and being in an
unauthorized absence status.
On 12 February 1988, administrative separation action was
initiated by reason of misconduct due to commission of a serious
offense. 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 other than honorable
conditions by reason of misconduct. The discharge authority
directed an other than honorable discharge by reason of
misconduct. On 22 March 1988, 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
characterization of your discharge, given your record of three
NJIP‘s for misconduct. 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 ig 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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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 2010. The discharge authority directed an other than honorable discharge by reason of misconduct. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of three NJP‘s and conviction by one SCM for misconduct.
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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. The Board noted that you waived your right to and ADB, your best opportunity for retention or a better characterization of service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
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NAVY | BCNR | CY2010 | 00557-10
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 20 April 1988, administrative separation action was initiated by reason of misconduct for drug abuse. 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 | CY2009 | 11641-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 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. The discharge authority directed an other than honorable discharge by reason of misconduct.
NAVY | BCNR | CY2009 | 10905-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 2010. You received another NJP for the wrongful use of marijuana. 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 | CY2009 | 04424-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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. You requested an administrative discharge board (ADB).
NAVY | BCNR | CY2010 | 09083-10
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