DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 07207-10
7 April 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 6 April 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
17 April 1980, at age 18. Between 18 September 1981 and 8
September 1982, you received three nonjudicial punishments
(NJP’s), and one summary court-martial (SCM). You committed the
following offenses: failure to obey a lawful order on two
occasions, unlawfully assaulting a female Sailor, three incidents
of being drunk and disorderly, failure to go to your appointed
place of duty, disobeying a lawful order, being in an
unauthorized absence (UA) status, communicating a threat, three
incidents of assault consummated by battery, wrongful use of
provoking words, breach of the peace, and being disrespectful
toward a commissioned officer. 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). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable OTH conditions by reason of
misconduct. The discharge authority directed an OTH discharge by
reason of misconduct. On 15 November 1982, 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 three
NJP’s and one conviction by a SCM 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 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 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 efficial 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 Tn yuUstice .
Sincerely,
Wy Wea @
W. DEAN PFI
Executive
O UI]
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