DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS |
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SUN
Docket No: 10333-09
29 July 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 July 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
22 October 1996. The Board found that on 30 January and
29 June 98, you were convicted by summary court-martial (SCM) of
three specifications of insubordinate conduct, failure to obey 4
lawful order, and wrongful appropriation of government property.
Based on the information currently contained in your record it
appears that administrative discharge action was initiated by
reason of misconduct due to pattern of misconduct. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded recommending that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. The
discharge authority concurred and directed an OTH discharge by
reason of misconduct due to pattern of misconduct. On 31 July
1998, 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, record of
service, character letters, and postservice issues.
Nevertheless, the Board concluded these factors were not
sufficient to change the reason for separation or warrant
recharacterization of your discharge given your SCM convictions
for serious offenses. Finally, an RE-4 reenlistment code must be
assigned to all Sailors discharged due to misconduct.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
In response to your contention of missing awards and medals, you
are advised to contact the Commander, Navy Personnel Command,
5720 Integrity Drive, Millington, Tennessee 38055.
tt 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
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,
\ Dear
W. DEAN PFE F
Executive Di r
LI |
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