DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03833-10
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, section 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
4 May 1987, at age 19. On 30 October 1987, you received
nonjudicial punishment (NJP} for being in an unauthorized absence
(UA) status for one day and seventeen hours. On 21 December
1987, you received NUP for being UA 28 days. On 28 May 1988, you
received NIP for being UA on two occasions, totaling five hours,
and two incidents of dereliction in the performance of your
duties. On 12 July 1988, you received NUP for two occasions of
being UA a total of 16 days and seven hours, three incidents of
missing the movement of your ship, and dereliction in the
performance of your duties. On 18 July 1988, 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). On 31 August 1988, you received your fifth NUP for
attempt, conspiracy, and failure to obey a lawful order. Your
commanding officer forwarded his recommendation that you be
discharged under OTH conditions by reason of misconduct. The
discharge authority directed an OTH discharge by reason of
wee
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misconduct. On 30 September 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 your
characterization of your discharge, given your record of five
NOP's 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 also noted that you
waived the kighp 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 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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