DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00401-10
20 September 2010
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 14 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 entered active duty in the Navy on 12 May 1975, and served
without disciplinary incident until 18 May 1976, when you
received nonjudicial punishment (NUP) for dereliction of duty,
Shortly thereafter, you received the following NUP’s: on 29
September 1976, for disobeying a lawful order; and on 21 December
1976, for sleeping on watch. However, on 11 May 1977, you were
discharged at the end of your obligated service with an honorable
discharge and assigned an RE-4 (not recommended for retention)
reenlistment code due to your frequent misconduct.
You have requested active duty credit for the time you served in
the Delayed Entry Program (DEP). You are advised that time spent
in the DEP is not considered active duty. 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 efficial naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Executive Di
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