DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 02748-11
23 January 2012
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 18 January 2012. 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
30 May 1980, at the age of 25. On 8 May 1981, you received
nonjudicial punishment (NUP) for failure to go to your appointed
place of duty. On 5 June 1981, you received NJP for wrongful
use of provoking words. On 2 September 1981, you received NUP
for being in an unauthorized absence (UA) status for one day and
missing your ship’s movement. On 8 March 1982, you received NUP
for being disrespectful toward a superior. On 1 June 1982, you
received NUP for being UA for two days, and two incidents of
writing worthless checks to fellow Sailors. On 13 August 1982,
you received NUP for two incidents of being UA and two incidents
of disobeying a direct order. On 18 March 1983, you received
NJP for being UA for three days, forgery of a chief petty
officer’s initials on a special request chit, six incidents of
forgery with intent to defraud by writing six worthless checks
valued at $550, and attempting to cash a worthless check in the
amount of $100. On 4 April 1983, you were advised that your
commanding officer was recommending you for administrative
separation with an other than honorable (OTH) discharge due to
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 23
April 1983, the discharge authority directed the OTH discharge
by reason of misconduct. On 5 May 1983, 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 your
characterization of service, given your record of seven NUJUP’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 noted that you waived
your 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,
Ia:
W. DEAN PF
Executive or
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