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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 00847-11
27 October 2011
This ig 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 25 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.
On 27 September i985, you reenlisted in the Navy after serving
over three years of honorable service. The Board found that you
received three nonjudicial punishments (NJP’s) for three
instances of unauthorized. absence (UA) totaling 14 days, drunk
and disorderly conduct, use of indecent language, communicating a
threat, breaking restriction, and driving while intoxicated.
Additionally, you were counseled and warned after your first NUP,
that further misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You waived your rights to consult-counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The discharge authority concurred and directed an OTH discharge
by reason of misconduct due to pattern of misconduct. You were
s0 discharged on 2 July 1987. 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 prior honorable
service, desire to change your RE-4 reenlistment code, post
service accomplishments, and character letters. Nevertheless,
the Board found no factors to warrant a change to your
reenlistment code, which was based on your disciplinary record of
three NJP's and substandard behavior. In this regard, an RE-4
reenlistment code is required when a Sailor is discharged due to
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,
LW Qeakeees
W, DEAN PF R
Executive Drreeteor
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