DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 12135-09
25 August 2010
our application for correction of your
This is in reference to y
f title 10 of the United
naval record pursuant to the provisions ©
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 August 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
terial considered by the Board consisted of
Board. Documentary ma
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, reguiations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was aneufficient
to establish the existence of probable material error or
injustice.
began a period of active duty on
You enlisted in the Navy and
tween 20 February and 3 November
17 June 1986, at age 18. Be
1987, you received three nonjudicial punishments (NJP’s). You
committed the following offenses: being disrespectful in
language toward a senior petty officer, being absent from your
appointed place of duty, being drunk and disorderly onboard a
military base, and failing to go to your appointed place of duty.
On 15 December 1987, you were convicted by a summary court -
martial (SCM) for the wrongful use of cocaine. You were
sentenced to forfeitures of pay and 30 days confinement at hard
labor.
On 26 January 1988, administrative separation action was
anitiated by reason 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 other
than honorable conditions by reason of misconduct. The discharge
authority directed an other than honorable discharge by reason of
misconduct. On 15 March 1988, 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
characterization of your discharge, given your record of three
NJP‘s and conviction by one SCM 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 of service. 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,
W. DEAN P
Executive Dike r
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