DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8261-10
13 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 reenlisted in the Navy on 3 February 1986 after more than
three years of prior honorable service. You received nonjudicial
punishment (NJP) on three occasions for unauthorized absence (UA)
from your place of duty, three instances of failure to go to your
appointed place of duty, disrespectful language toward a superior
officer, two instances of failure to obey a lawful order, an
unauthorized pass offense and dereliction in the performance of
duty. After your second NUP, you were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. On 6 October 1987, you were notified
of pending administrative discharge processing with a general
discharge due to misconduct (pattern of misconduct). After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB). On 27 October 1987,
the ADB found that you committed misconduct and recommended that
you be separated with a general discharge. The separation
authority agreed with the finding and recommendation of the ADB
and directed your commanding officer to issue you a general
discharge by reason of misconduct due to a pattern of misconduct
and on 16 November 1987, and 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, prior
honorable service and desire to reenlist. Nevertheless, the
Board found that these factors were not sufficient to warrant
changing your reenlistment code given the seriousness of your
misconduct that resulted in three NJPs. Finally, an RE-4
reenlistment code must be assigned to all Sailors discharged due
to misconduct. The Board believed you were fortunate to receive
a general discharge since Sailors who are separated for
misconduct often receive other than honorable characterizations
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,
\DRaarseld >
W. DEAN PRAL R
Executive rector
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