DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 09829-09
18 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 16 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
6 November 1985, at age 17. Between 25 November 1987 and 20
January 1988, you received three nonjudicial punishments (NOP’s).
You committed the following offenses: destruction of government
property, assault and being in @ unauthorized absence {UA)
status.
On 24 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 7 April 1988, you were S90 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
NJP’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
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action cannot be taken. You
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
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,
rok?
W. DEAN PFE
Executive Dij
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