DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10691-10
10 August 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.
BR three-member panel of the Board for Correction of Naval .
Records, sitting in executive session, considered your
application on 10 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 Marine Corps and began active duty on 8 April
1991. On 2 April 1992, you received nonjudicial punishment (NJP)
for d@rinking alcohol and having women in your Bachelor Enlisted
Quarters. On 17 November 1992, you received NJP for wrongfully
wearing an earring. On 21 April 1993, you received NJP for
willfully disobeying an order, making a false official statement,
and failure to go to your appointed place of duty. On 19 August
1993, you received NUP for two occasions of failure to go to your
appointed place of duty, being derelict in the performance of
your duties, and violation a base order by speeding’ 75 miles per
hour (MPH) in a 55 MPH zone. On 16 August 1993, administrative
separation action was initiated by reason of misconduct. On 1
November-1993, your case was heard by an administrative discharge
board (ADB), which voted three to zero in favor of an other than
honorable (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 32 January
1994, the discharge authority directed an OTH discharge by reason
of misconduct. On 10 February 1994, you were 680 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,
contention of not being counseled to correct your deficiencies,
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 four
NJP’s for misconduct. You are advised that an RE-4 reentry code
is required when an individual is discharged for misconduct and
is not recommended for retention. There is evidence in your
record which is contrary to your contention. 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,
Executive
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