DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC .
‘Docket No: 11735-08
27 October 2009
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 7 October 2009. 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
29 June 1991, at age 18. You served without incident over two
years. Between 22 April 1993 and 22 October 1993 you received
three nonjudicial punishments (NUP’s) for unauthorized absence.
On 12 May 1998, you received a fourth NUP for forgery.
On 4 June 1998, administrative discharge action was initiated by
reason of misconduct due to a 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
commanding officer forwarded his recommendation that you be
discharged under honorable conditions by reason of misconduct.
The discharge authority directed a general discharge by reason of
Misconduct. On 17 June 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, and
Overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the reason
or characterization of your discharge, or your reenlistment code
given your record of four NUP’s. The Board also found that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. The Board concluded
that you were fortunate to have received a general discharge,
because many service members receive discharges under other than
honorable conditions 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,
laced
W. DEAN PFE
Executive Diviedter
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