DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00979-11
3 November 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 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 and began a period of active duty on
10 February 1993, at the age of 19. On 15 May 1994, you received
nonjudicial punishment (NUP) for four incidents of unauthorized
absence (UA), dishonorably failing to pay a debt to a fellow
Sailor in the amount of $106, and indebtedness to a fellow Sailor
by wrongfully using his calling card in the amount of $800. On
27 September 1994, you received NJP for failure to obey a lawful
order to pay just debts. On 18 December 1994, 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 20 January 1995, the discharge authority directed the
OTH discharge by reason of misconduct. On 9 February 1995, 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
characterization of service, narrative reason for separation, and
reentry code, given your record of two NJPs for misconduct. In
this regard, an RE-4 reentry code is required when an andividual
is discharged for misconduct and is not recommended for
retention. The Board noted that your contention of not receiving
a Good Conduct Medal, and you are advised that it is only issued
to individuals who have served honorably for three consecutive
‘years, and not for a humanitarian act. Regarding your request
for a Certificate for participation in a Shell Back initiation,
you are advised that it would have been issued by the command you
were attached to at the time. 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,
W. DEAN ‘PF E
or
Rxecutive
NAVY | BCNR | CY2010 | 04435-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. 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. Your case was heard by an administrative discharge board (ADB), which voted three to one in favor of an administrative honorable discharge due to...
NAVY | BCNR | CY2010 | 07094-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 March 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
NAVY | BCNR | CY2010 | 05221-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 2011. 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. In this regard, an RE-4 reentry code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2013 | NR3434-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2014. 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, togéther with all material submitted in support thereof, your naval record, and applicable statutes, regulations,...
NAVY | BCNR | CY2011 | 02336-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 2011. 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. Further, on 23 May 1994, you received NUP for breaking restriction which was imposed on 29 March 1994.
NAVY | BCNR | CY2011 | 02748-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 2012. 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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2010 | 10691-10
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. On 1 November-1993, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an other than honorable (OTH) discharge due to misconduct. On 32 January 1994, the discharge authority directed an OTH discharge by reason of misconduct.
NAVY | BCNR | CY2010 | 08758-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 May 2011. However, the Board concluded that your discharge should not be changed due to your numerous acts of misconduct. 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.
NAVY | BCNR | CY2010 | 05178-10
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. On 17 May 1994, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an other than honorable (OTH) discharge due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2008 | 07509-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...