DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 02063-11
2 December 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 29 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
26 June 1981. The Board found that during the period from
2 February 1982 to 23 March 1983, you received five nonjudicial
punishments (NJP’s) for two instances of dereliction of duty,
possessing a alcoholic beverages onboard ship, using provoking
gestures, and disobedience. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
minor military infractions. You waived your rights to consult
counsel, submit a statement, and did not object to the
separation. Your case was forwarded and on 7 April 1983, you
received a general discharge by reason of misconduct. At that
time, you were assigned an RE-4 reenlistment code and not
recommended for reenlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge, changing the reason for your discharge or reenlistment
code given your five NUJP’s. An RE-4 reenlistment code must be
assigned to all Sailors discharged due to misconduct. The Board
also noted that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed when an individual is discharged for misconduct.
Finally, the Board noted that you waived the right to an ADB,
your best chance 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,
Wen Qu
W. DEAN R
Executive \Dittedtor
NAVY | BCNR | CY2010 | 04252-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 05801-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 05153-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 June 2009. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. In this regard, an RE~4 reenlistment code is required when an individual is discharged due to misconduct.
NAVY | BCNR | CY2012 | 03979-12
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. On 6 April 1984, your case was heard by the ADB and by a unanimous vote of 3-0 you were recommended for administrative separation with an...
NAVY | BCNR | CY2010 | 02181-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 11 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. However, on 29 November 1983, the discharge authority approved the recommendation for discharge, but directed your commanding officer to issue...
NAVY | BCNR | CY2010 | 10749-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of three...
NAVY | BCNR | CY2011 | 00217-11
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. On 6 November 1984, you received the OTH discharge due to misconduct drug abuse (use). Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two NUP’s for misconduct, and drug abuse (use).
NAVY | BCNR | CY2010 | 05254-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. Documentary material considered by the Board consisted Or your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policiés: After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2010 | 12286-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 August 2011. You were later diagnosed with a personality disorder that interfered with the performance of your duties. 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 | 05558-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 2011. You also had another period of UA totaling five days for which no disciplinary action was taken. 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.