DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01195-10
4 November 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 3 November 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 on 25 September 1986, and began a period
of active duty on 3 December 1986, at age 18. On 5 March 1987,
you received nonjudicial punishment (NUP) for being absent from
your appointed place of duty. On 15 October 1987, you received
NIP for being in an unauthorized absence (UA) status, and making
a false official statement. On 16 April 1988, you received NJP
for failure to obey a lawful regulation. On 22 April 1988, you
were counseled and warned that you needed to correct deficiencies
in your performance and that further misconduct could result in
an administrative discharge. On 2 May 1988, you received NUP for
two instances of being disrespectful toward a petty officer, and
three instances of disobeying a lawful order. On 13 May 1988,
your commanding officer ordered that a mental health evaluation
be conducted. You disclosed that you had thoughts of hurting
someone or making them no longer breath. On 13 May 1988,
administrative separation action was initiated by reason of
misconduct due to a pattern 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 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 3 June 1988, 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 four
NJP’s for misconduct. The Board noted that you waived your right
to an ADB, your best opportunity for retention or a more
favorable characterization of service. 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 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,
Doan
W. DEAN bF E
Executive retvtor
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