DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01030-11
9 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 9 November 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of chis
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 reenlisted in the Navy on 3 August 1989, after serving over
two years of honorable service. On 15 December 1987, you
received nonjudicial punishment (NIP) for being in an
unauthorized absence (UA) status for nine hours and 15 minutes.
On 12 April 1990, you received NUP for being UA on five
occasions. On 20 June 1991, you received NUP for two incidents
of being UA, two incidents of insubordinate conduct, destruction
of military property, using provoking speech and gestures, two
incidents of assault, two incidents of disorderly conduct
(drunkenness), communicating a threat, and being incapacitated
for duty. On 24 June 1991, you were advised that your commanding
officer was recommending you for administrative separation with -
an other than honorable (OTH) discharge due to misconduct
(commission of a serious offense). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 16 July 1991, the discharge authority
directed the OTH discharge by reason of misconduct (commission of
a gerious offense). On 25 July 1991, 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 service during Desert Shield/Desert Storm. Nevertheless, the
Board found that these factors were not sufficient to warrant
changing your characterization of service, given your record of
three NOPs 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,
\y.
W. DEAN a
or
Executive D
NAVY | BCNR | CY2011 | 12050 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 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 reentry code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2011 | 00086-11
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. 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...
NAVY | BCNR | CY2012 | 00477 12
On 4 May 1990, you were UA for three days, with no disciplinary action taken. On 5 September and 1 October 1990, you were UA one day each, and no disciplinary action was taken against you. On 8 July 1991, you were UA again for one day and no disciplinary action was taken.
NAVY | BCNR | CY2011 | 01068-11
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. 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...
NAVY | BCNR | CY2012 | 04003-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2013. 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 | CY2010 | 03833-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 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 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2008 | 02222-08
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 connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant...
NAVY | BCNR | CY2011 | 00058-11
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 4 January 1993, the discharge authority directed the OTH discharge by reason of a pattern of...
NAVY | BCNR | CY2010 | 04488-10
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 30 June 1992, you were so discharged. 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 | CY2007 | 10216-07
On 2 December 1991, you were counseled regarding deficiencies in your performance and conduct and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 7 August 1992, you were so discharged.