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NAVY | BCNR | CY2010 | 10651-10
Original file (10651-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC

WA :
SHINGTON DC 20370-5100 pouket No: 10651-10
8 August 2011

        

eee A
“ent

 

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 3 August 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 on 13 November 1987. On 10 August 1988,
you received nonjudicial punishment (NIP) for being in an
unauthorized absence (UA) status for eight days. On 30 December
1988, you were convicted by a summary court-martial (SCM) of
being UA for 17 days. You were sentenced to reduction in pay
grade, three days bread and water, and confinement at hard labor
for 24 days. On 28 September 1989, you received NUP for being in
a UA status on two occasions. on 5 October 1989, you were
advised that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
discharge due to a pattern of 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
6 November 1989, 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 the
characterization of your discharge, given your record of two
NIP’s, and conviction by one SCM of 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 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. bexf PFERIL
Executive Di

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