DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 13341-09
16 September 2010
aie
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 15 September 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
15 April 1947, at age 17. On 21 October 1947, you received
nonjudicial punishment (NUP) for disobeying a general order. On
5 December 1947, you received NUP being in an unauthorized
absence (UA) status. On 7 July 1948, you were tried and
convicted in the Municipal Court, San Diego, California for petty
theft, and fined $100. On 28 July 1948, you received NUP for a
second period of being UA totaling 16 days.
Administrative separation action was initiated by reason of
misconduct due to frequent involvement. 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. On
2 September 1948, 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, or reenlistment code, given
your record of three NJP’s and conviction by civilian court 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,
\S iat
W. DEAN PRET
Executive racto
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