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NAVY | BCNR | CY2011 | 00058-11
Original file (00058-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC

Docket No: 0c0058-11
29 September 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 28 September 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 and began a period of active duty on

18 September 1991. On 13 August 1992, you received nonjudicial
punishment (NJP) for being in an unauthorized absence (UA) status
for three days. On 19 October 1992, you received NJP for being
UA for 15 days. On 12 December 1992, you received NUP for
wrongful use of a controlled substance (methamphetamine). On 16
December 1992, 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). On 4 January 1993, the
discharge authority directed the OTH discharge by reason of a
pattern of misconduct. On 15 January 1993, you were so
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,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing your
discharge, given your record of three NJPs for misconduct. In
this regard, an RE-~4 reentry code is required when an individual
is discharged for misconduct and is not recommended for
retention. 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,

\pQua, As

W. DEAN PF F
Executive e r

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