DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8858-09
16 June 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 15 June 2010. 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 11 May 1979 at age 24. You served
without disciplinary incident until 25 January 1982, when you
received nonjudicial punishment (NJP) for failure to obey a
lawful order. The punishment imposed was reduction to paygrade
E-3 and a $762 forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government. After waiving your.
procedural rights, your commanding officer recommended an
honorable discharge by reason of convenience of the’ government
due to your refusal to accept photographic assignments on board
nuclear powered or combatant vessels, or in any combat
environment. At that time you were not recommended for retention
or reenlistment. The discharge authority approved the
recommendation and directed your commanding officer to issue you
an honorable discharge by reason of convenience of the
government, and on 1 March 1982, 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 overall satisfactory service and desire to have your
narrative reason for separation and reenlistment code changed.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your narrative reason for
separation or reenlistment code because of your misconduct which
resulted in NUP, refusal to accept assignments, and the
nonrecommendation for retention, all of which were sufficient to
support the assignment of an RE-4 reenlistment code. Finally,
such a code is authorized by regulatory guidance and normally
assigned to Sailors who are separated due to the convenience of
the government and not recommended for retention and/or
reenlistment. 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,
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