DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
i 2 NAVY ANNEX
ier
o WASHINGTON DC 20370-5100
REC
Docket No: 08056-10
21 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 20 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
lijustice.
You enlisted in the Navy and began a period of active duty on
12 October 1988. Between 27 April 1989 and 12 January 1990, you
received seven nonjudicial punishments (NIP's). You committed
the following offenses: being in an unauthorized absence (UA)
status on five occasions, three instances of failure to obey a
lawful order, two instances of failure to go to your appointed
place of duty, disobeying a lawful order, using indecent language
toward a shipyard employee, causing damage to non-government
property, and failure to pay 4 just debt. On 15 December 1989,
you were advised that your commanding officer was recommending
you for administrative separation with an other than honorable
(OTH) discharge due to misconduct (pattern of misconduct). You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 5 January 1990, your
commanding officer forwarded his recommendation that you be
discharged with an OTH characterization of service by reason of
misconduct. The discharge authority directed an OTH discharge by
reason of misconduct. On 26 January 1990, you were 50
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 seven
NJIP’s for miggonduct. In this regard, an RE-4 reenlistment code
is required when an individual is discharged for misconduct and
4s 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 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,
wy Reade
W. DEAN PFEYF a
Executive DWregt
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