DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 09898-0939
24 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 23 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 on 19 October 1981, at age 27. On
2 March 1982, you received nonjudicial punishment (NUP) for being
a@runk and disorderly. On 9 July 1982, you were counseled for
being disrespectful to a superior petty officer. On 18 November
1982, an investigation was initiated for assault, breach of the
peace and use of marijuana. On 22 January 1983, you were
counseled concerning your lack of control over your temper and
further illegal drug use that would not be tolerated. On
15 February 1983, you were involved in a second incident
concerning domestic disturbance on base. On 4 March 1983, 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. The
discharge authority directed a general discharge with a
reenlistment code of RE-4 by reason of misconduct. You were so
discharged on 14 March 1983.
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 NUP and other 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
individual is separated for 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
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,
WwW. * DEAN SK
Executive Di
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