DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 12050-11
8 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 6 November 1989. On 16 March 1990,
you received nonjudicial punishment (NUP) for failure to obey a
lawful order. On 10 July 1990, you received NJP for being in an
unauthorized absence (UA) status on two occasions, and sleeping
on watch. On 23 March 1991, you received NUP for being UA,
missing your ship’s movement, larceny, and forgery. On 21 June
1991, you were diagnosed as being alcohol dependent. On 19 May
1992, you received NJP for two incidents of UA. On 24 July
1992, you received NUP for wrongful use of marijuana. On 14
August 1992, 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). Your commanding officer
forwarded his recommendation that you be discharged with an OTH
characterization of service by reason of misconduct. The
discharge authority directed an OTH discharge by reason of
misconduct (pattern of misconduct). On 13 October 1992, 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 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 five
NgP’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 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,
i
DEAN EIPFER
xecutive Director
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