DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DC 20370-5100 Docket No: O2730-11
1 December 2011
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Cinna”
SL oe
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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 November 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings Of thze
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 oF
injustice.
You enlisted in the Navy and began a period of active duty on
6 August 1987, at age 18. On 11 January 1989, you received
nonjudicial punishments (NJP) for being in an unauthorized
absence (UA) status for 30 days, and missing ship's movement. On
4 May 1989, you received NIP for being UA for 87 days, and
missing ship's movement. On 4 May 1989, 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 15 July 1989, your commanding officer
forwarded his recommendation that you be discharged with an OTH
by reason of misconduct (commission of a serious offense). The
discharge authority directed an OTH by reason of misconduct
(commission of a serious offense). On 31 duly 1989, you were BO
discharged. At that time you were assigned an RE-4 reenlistment
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 two
NIP’s for 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,
Ww !
Yow :
Executive Dike rE
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