DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 01614-11
26 July 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 20 duly 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
26 March 1991. On 2 July 1992, you received nonjudicial
punishment (NJP) for being absent from your appointed place of
duty, willful disobedience of a petty officer, dereliction of
duty, and failure to obey a lawful order. On 6 November 1992,
you were convicted by a special court-martial {SPCM) of ten
incidents of being in an unauthorized absence (UA) status,
failure to obey a lawful order, attempting to jump ship, and
malingering by cutting your wrist. You were sentenced to a
forfeiture of $1,569, and confinement at hard labor for three
months. 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
-gerious offense). You waived all of your procedural rights,
including your. right to an administrative discharge board (ADB).
On 3 December 1992, your commanding officer forwarded his
recommendation that you be discharged with an OTH discharge by
reason of misconduct. The discharge authority directed an OTH
discharge by reason of misconduct (commission of a serious
offense). On 22 December 1992, 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 one NJP,
and one conviction by SPCM 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.
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,
\ ean
W. DEAN PFE
Executive Diteytor
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