DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5190
TAL
Docket No: 1357-11
4 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
18 June 1996 at age 19. You received nonjudicial punishment
(NJP} on three occasions for four instances of failure to go to
your appointed place of duty, four instances of unauthorized
absence from your appointed place of duty and failure to obey a
lawful order. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
by reason of misconduct. After consulting with legal counsel,
you elected to present your case to an administrative discharge
board (ADB). On 20 April 1999, an ADB recommended discharge
under OTH conditions by reason of misconduct due to a pattern of
misconduct. On 9 June 1999, you received the OTH discharge for
misconduct (pattern of misconduct), and were assigned an RE-4
reentry code.
The Board, ‘in its review of your application, carefuliy weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing your
reentry code given the seriousness of your misconduct that
resulted in three NUPs. Finally, an RE-4 reentry code must be
assigned to all Sailors 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,
Ld Noort
}
W. DEAN PF
Executive r or
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