DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 12874-09
1 October 2010
Cd
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 21 September 2010. The names and votes of the
members of the panel will be furnished upon request. 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 Naval Reserve on 8 August 1979 at age 1/7 and
began a period of active duty on 11 January 1980. You served for
a year and seven months without disciplinary incident, but on 22
July 1981, you received nonjudicial punishment (NJP) for two
specifications of disrespect and disorderly conduct.
On 29 January and again on 5 April 1982 you received NUP for a
five day period of unauthorized absence and wrongful possession
of alcoholic beverages onboard your ship. On 29 November 1982
you received your fourth NUP for using provoking speech or
gestures, failure to obey a lawful order, communicating a threat,
breach of the peace, operating a vehicle without a license, and
missing the movement of your ship.
On 6 January 1983, while serving in paygrade E-1 and upon
completion of your required active service, you were honorably
released from active duty and transferred to the Navy Reserve.
At that time you were not recommended for reenlistment and were
assigned an RE-4 reenlistment code. On 12 August 1985 you were
honorably discharged at the expiration of your enlistment.
The Board, in its review of your entire record and application,
garefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to change your
wyweenlistment code so that you may reenlist, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reenlistment code because
of your misconduct which resulted in four NUPs. Further, the
Board concluded that your misconduct and nonrecommendation for
reenlistment were sufficient to support the assignment of an RE-4
reenlistment code, which is authorized by regulatory guidance.
Accordingly, your application has been denied.
The Board suggested that you may wish to apply for a waiver of
your RE-4 reenlistment code with branches of the armed forces
other than the Navy.
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 PFINFPER
Executive £6
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