DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106 REC
Docket No: 00086-11
17 October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 13 October 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 24 April 1989. On 20 July 1990, you
received nonjudicial punishment (NUP) for wrongful use of
marijuana. On 2 September 1991, you received NUP for being in an
unauthorized absence (UA) status for two hours, 56 minutes. On
11 May 1993, you were convicted by a summary court-martial (SCM)
of being UA on two occasions totaling 71 days, and missing your
ship's movement on two occasions. You were sentenced to a
forfeiture of $542, reduction in pay grade, and 30 days
confinement. On 23 June 1993, you were advised that your
‘commanding officer was recommending you for administrative
separation with an other than honorable (OTH) discharge due to
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 26
June 1993, your commanding officer forwarded his recommendation
that you be discharged with an OTH characterization of service by
reason of misconduct. The discharge authority directed an OTH
discharge by reason of misconduct. On 24 August 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 the
characterization of your discharge, given your record of two
NUIP's, and conviction by a SCM of misconduct. In this regard, an
RE-4 reentry 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,
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