DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 07985-10
19 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 13 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
23 March 1987. Between 20 January 1988 and 13 November 1992, you
received four nonjudicial punishments (NUP’s). You committed the
following offenses: being in an unauthorized absence (UA) status
for six days, larceny, assault and wrongful use of marijuana.
You were advised that your commanding officer was recommending
you for administrative separation with an other than honorable
(OTH) discharge due to misconduct. On 5 January 1993, your case
was heard by an administrative discharge board (ADB), which voted
three to zero in favor of an OTH discharge due to misconduct.
Your commanding officer concurred with the ADB’s finding and
recommended that you receive an OTH discharge by reason of
misconduct. On 17 February 1993, the discharge authority
directed an OTH by reason of misconduct. On 26 February 1993,
you were so discharged. At that time you were assigned an RE-4
reentry 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 that
characterization of your discharge, given your record of four
NJP’'s for misconduct. In this regard, an RE-4 reentry code is
required when an individual is discharged for misconduct and is
not recommended for retention. 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 PFEIF
Executive Dir or
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