DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 06210-11
22 March 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 21 March 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 on 27 June 1989. On 20 August 1990,
you received nonjudicial punishment (NUP) for being absent from
your appointed place of duty, failure to obey a lawful order,
and being disrespectful toward a petty officer. On 29 October
1990, you received NUP for dereliction in the performance of
duty. On 12 December 1990, 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 31 December 1990, the
discharge authority directed the OTH discharge by reason of
misconduct (commission of a serious offense). On 11 January
1991, you were so discharged. At that time you were assigned an
RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and record of service. Nevertheless, the Board found that these
factors were not sufficient to warrant changing your
characterization of service, given your record of two NUJP’s for
misconduct. In this regard, an RE-4 reentry 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,
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