DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1536-10
20 October 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 13 October 2010. The names and votes of the
members of the panel will be furnished upon request. 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 26 August 1988 at age 19 and served
without disciplinary incident until 2 November 1989, when you
received nonjudicial punishment (NUP) for damaging government
property.
During the period from 17 January to 19 October 1990, you
received NUP on four more occasions for absence from your
appointed place of duty, disobedience, dereliction of duty,
assault, assault with a knife, failure to go to your appointed
place of duty, and failure to obey a lawful order. You were also
counselled on two occasions and warned that further deficiencies
could result in administrative separation.
On 7 March 1991 you received your sixth NUP for attempted
assault, two specifications of assault consummated by battery,
and disorderly conduct. Shortly thereafter, you were notified of
administrative separation by reason of misconduct due to a
pattern of misconduct, and waived your procedural right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). As a result of this
action, on 1 May 1991, you were issued an other than honorable
discharge by reason of misconduct due to a pattern of misconduct
and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code which
would give you’re the opportunity to join the National Guard.
._Nevertheless, the Board’ concluded these factors were not
gutficient to warrant a change of your reenlistment code because
of the seriousness of your repetitive misconduct which resulted
jin.six NUJPs and-discharge under other than honorable conditions.
Further, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB.
Finally, an RE-4 reenlistment code is required when a Sailor is
discharged by reason of misconduct. Accordingly, your
application has been denied.
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,
WWWoek )
W. DEAN DFE
Executive Direc
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