DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TAL
Docket No: 3760-10
14 January 2011
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 12 January 2011. 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
16 July 1990 at age 19. On 31 October 1951, you received
nonjudicial punishment (NJP) for three instances of failure to
obey regulations, possessing alcoholic beverages in the barracks,
consuming alcoholic beverages while under the legal drinking age
and allowing unauthorized personnel in the barracks. On 5 August
1992, you received NUP for seven instances of failure to obey a
lawful order, by failing to attend physical training. After your
first NUP, you were counseled regarding your misconduct and
warned that further offenses could result in administrative
separation. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 14 September 1992 you received the OTH discharge for
misconduct due to commission of a serious offense, and were
assigned an RE-4 reentry code. On 1 February 2061 the Naval
Discharge Review Board upgraded the characterization of your
discharge to general under honorable conditions.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in the
narrative reason for separation that resulted in two NUPs. The
Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, an RE-4 reentry code must be assigned to all
Sailoys discharged due to misconduct. Accordingly, your
applgbat ion has been denied. The names and votes of the members
oF e 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,
lo Suu
W. DEAN PFE
Executive D r
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