DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 10173-11
6 November 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 22 August 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 12 July 1990. on 12 February 1991,
you received nonjudicial punishment (NJP) for wrongfully
possessing and consuming alcohol while under age. On 29 May
1993, you received NJP for abandoning your watch. On 13
February 1995, you were convicted by civil court of first degree
reckless endangerment by Carrying a pistol without a permit, and
sentenced to incarceration for three years. On 6 June 1995, you
were advised that your commanding officer was recommending you
for administrative separation with an other than honorable (OTH)
discharge due to misconduct. You elected to have your case
heard by an administrative discharge board (ADB). On 8
September 1995, your case was heard and the ADB recommended that
you receive an OTH discharge by reason of misconduct. On 21
November 1995, your commanding officer agreed with the ADB and
forwarded his recommendation that you be discharged with an OTH
characterization of service by reason of misconduct. The
discharge authority directed the OTH discharge by reason of
misconduct. On 14 February 1996, 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 and
conduct. Nevertheless, the Board found that these factors were
not sufficient to warrant changing your characterization of
service, given your record of two NUPs, and one civil conviction
of misconduct. In this regard, an RE-4 reentry code is required
when an individual is discharged for misconduct and is not
recommended for retention. 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,
W. DEAN PFEIFFER
Executive Director
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