DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 = REC
Docket No: 00962-11
3 November 2011
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“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 November 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 19 June 1985. On 11 February 1986,
you received nonjudicial punishment (NUP) for being in an
unauthorized absence (UA) status on two occasions. On 16
November 1986, you were convicted by a summary court-martial
(SCM) of being UA on two occasions totaling 88 days. You were
sentenced to a forfeiture of $426, and 30 days confinement. On
il February 1987, you received NUP for obtaining services under
false pretenses by the unauthorized use of a telephone calling
card, On 13 February 1987, 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 16 February 1987, 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 27 February 1987, you were so
discharged. 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, 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
‘NUJP’s, and conviction by a SCM of misconduct. In this regard, an
RE-4 reenlistment 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.
Tt 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,
LQ
W. DEAN PF
Executive réctor
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