DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASH 3
INGTON DC 20370-5100 Docket No: 03813-10
28 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, gection 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 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
18 December 1984. Between 27 November 1989, and 7 January 1990,
you received two nonjudicial punishments (NUP’s). You committed
the following offenses: willful disobedience of a superior
commissioned officer, being in an unauthorized absence (UA)
status for 59 days and missing the movement of your ship. You
were advised that your commanding officer was recommending you
for administrative separation with an other than honorable
discharge due to misconduct. You waived all of your procedural
rights, including your right to an administrative discharge board
(ADB). 10 January 1990, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 12 January 1990, the
discharge authority directed an other than honorable (OTH).
discharge by reason of misconduct. On 22 January 1990, 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,
Ge
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing your
characterization of your discharge, given your record of two
NJP’s for serious misconduct. In addition, an RE-4 reenlistment
code is required when an individual is discharged for misconduct
and is not recommended for retention. The Board also noted that
you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. Accordingly,
your application has been denied. The names and votes of the
members of the parlel fwill 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,
W. DEAN PFE
Executive Diréctor
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