DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASHINGTON BG <
ON DG 20370-5100 Docket No: 03822-1060
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
15 July 1986. On 8 April 1987, you received nonjudicial
punishment (NJP} for theft from the Navy Exchange. On 28
December 1988, you received NJP for disobeying a lawful order.
On 3 March 1989, you received NUP for wrongfully appropriating a
flight jacket. On 21 August 1989, you received NUP for being
absent from your appointed place of duty. On 8 September 1989,
you were advised that your commanding officer was recommending
you for administrative separation 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). However, after being warned, you
continued your misconduct. On 13 September 1989, you received
NgP for dereliction in the performance of your duty. On 28
September 1989, you received your sixth NJP for being absent from
your appointed place of duty. On 13 October 1989, the discharge
authority directed the OTH discharge by reason of misconduct. On
19 October 1989, 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 your
reenlistment code, given your record of six NUPs for misconduct.
In this regard, an RE-4 reenlistment code is required when an
individual is discharged for misconduct and is not recommended
for retention. The Board noted that although your character of
service was upgraded by the Naval Discharge Review Board (NDRB),
based on improper discharge procedures, the basis for your
separation wags not changed. 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,
W. DEAN PFE
Executive D °
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