DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00569-10
12 October 2010
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 5 October 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
im7justice.
You enlisted in the Navy and began a period of active duty on
30 October 1984, at age 19. On 28 February 1985, you received
nonjudicial punishment (NJP) for disobeying a lawful order, being
disrespectful in language, and participating in a breach of
peace. On 27 September 1985, you received NUP for being in an
unauthorized absence (UA) status, dereliction of duty, anda
breach of peace. On 19 December 1985, you received NJP for
dereliction of duty. On 9 January 1986, you received NUP for
being in a UA status. On 7 March 1986, you received NUP for
assault, being UA on two occasions, using provoking speech and
gestures, failing to follow a lawful order, and two incidents of
disrespect. On 11 March 1986, administrative separation action
was initiated by reason of misconduct due to a pattern of
misconduct. Your commanding officer submitted 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 25 March
1986, 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 five
NgP’s 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. Accordingly, your
‘@pplication has been denied. The names and votes of the members
‘OP the panel willfbe furnished upon request.
sé
at
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,
oa
W. DEAN P
Executive D3 tor
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