DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01092-10
26 O@cbober 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 20 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
8 November 1983. On 29 November 1984, you received nonjudicial
punishment (NJP) for being absent from your appointed place of
duty. On 12 November 1985, you were convicted by special court-
martial (SPCM) of assault, and insubordinate conduct. You were
sentenced to forfeitures of $1305, reduction in pay grade, and
confinement at hard labor for three months. On 12 May 1987, you
were notified that administrative discharge procedures were
initiated and that you would receive a reenlistment code of RE-4
upon your separation. On 3 June 1987, the discharge authority
directed a general discharge. You were so discharged on 29 July
1987.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service or reenlistment code, given your record of
NIP and one SPCM for misconduct. The Board also noted that you
were fortunate to receive a general discharge since a separation
under other than honorable conditions is often directed when an
individual is found to have committed misconduct. 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.
yn 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
scecord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
/ Sincerely,
W. DEAN PF
Executive Dire
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