DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8811-10
30 August 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 24 August 2010. The names and votes of the
members of the panel will be furnished upon request. 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 oF
injustice.
You reenlisted in the Navy on 18 January 1994 after six years of
prior honorable service and continued to serve without
disciplinary incident until October 1994. However, om 6 October
1994, you received nonjudicial punishment (NOP) for larceny and
wrongful appropriation. Shortly thereafter, on 25 October 1994,
you were counselled regarding your wrongful attempt to obtain a
loan from the Navy Relief Society.
On 1 May 1997 you received NIP for two specifications of failure
to pay just debts and were awarded extra duty for 30 days and a
reduction to paygrade E-3. Subsequently, you were processed for
an administrative separation by reason of misconduct due to a
pattern of misconduct. After waiving your procedural right to
present your case to an administrative discharge board (ADB),
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. The discharge authority approved this recommendation
and your commanding officer was directed to issue you an other
than honorable discharge by reason of misconduct due to a pattern
of misconduct. On 13 June 1997 you were so discharged and
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to change your
reenlistment code. Nevertheless, the Board concluded these
factors were not~-sufficient to warrant relief in your case
because of the seriousness of your misconduct which resulted in
two NUPs, discharge under other than honorable conditions, and
nonrecommendation for reenlistment. Further, you were given an
opportunity to defend yourself and possibly receive a better
characterization of service, but waived your procedural right to
an ADB. As such, an RE-4 reenlistment code is required by
regulatory guidance to be assigned when Sailors are discharged
under other than honorable conditions or by reason of misconduct.
Accordingly, your application has been denied.
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,
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W. DEAN PF Erk
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