DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 11510-10
4 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.
A three-member panel of the Board for Correction of Naval ,
Records, sitting in executive session, considered your
application on 2 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
2
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 and began a period of active duty on
5 duly 1990. The Board found that you received three nonjudicial
punishments (NJP’s) for five instances of unauthorized absence
(UA), five instances of disobedience, two instances of
dereliction of duty, and absence from your appointed place of
duty. Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After being advised of your procedural rights,
you waived the right to an administrative discharge board (ADB).
You case was forwarded and the separation authority directed
discharge under honorable conditions by reason of misconduct.
You were so discharged on 7 March 1993. 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 and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your three NUP’s for serious offenses. The Board
also noted that you waived an ADB, your best chance for retention
or a better characterization of service. With regard to your
reenlistment code, the Board found no factors to warrant a
change, because it was based on your disciplinary record and
substandard behavior. In this regard, an RE-4 reenlistment code
is required when a Sailor is discharged due to misconduct.
Finally, the Board noted that you were fortunate to receive a
general discharge since a discharge under other than honorable
conditions is often directed when an individual is discharged for
misconduct. 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,
Woe Ge
W. DEAN PF
Executive r oO
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