DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00570-10
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
injustice.
You enlisted in the Navy and began a period of active duty on
27 December 1993, at age 20. Between 5 April and 9 June 1995,
you received two nonjudicial punishments (NJP’s). You committed
the following offenses: being in an unauthorized absence (UA)
status on three occasions, failure to go to your appointed place
of duty, two instances of failure to obey a lawful order, and
dereliction in the performance of your duties.
On 9 June 1995, administrative separation action was initiated 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 14 July 1995, 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 your
reenlistment code or the characterization of your discharge,
given your record of two NJP’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. The Board also noted that you waived the right to an
BADE ;, your best oppewtunity for retention or a better
haracterizatvon of service. Accordingly, your application has
Micon denied. Thé#names and votes of the members of the panel
will be furnished upon request.
{ Te al ,
%. 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,
Lane
W. DEAN P
Executive D or
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