DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11629-09
5 August 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 4 August 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
26 June 1988, at age 18. On 4 August 1989, you received
nhonjudicial punishment (NUP) for assault. On 25 October 1989,
you received NJP for failing to go to your appointed place of
duty. On 2 October 1991, you received NUP for being in an
unauthorized absence status. On 24 October 1991, administrative
separation action was initiated by reason of misconduct due to a
pattern of misconduct. On 26 November 1991, you received NIP for
insubordinate conduct. Your commanding officer submitted 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 10 January 1992, 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
reenlistment code or characterization of your discharge, given
your record of four 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. 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
favorableraction 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.
Int D3 Slade d,, it is important to keep in mind that a
Mighty ’ ay
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,
4
\
W. DEAN PF R
Executive etor
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