DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 12250-11
29 November 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 29 November 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 entered active duty in the Navy on 27 July 1989, and served
without disciplinary incident until the end of your obligated
service. You immediately reenlisted on 1 December 1991, and
served without disciplinary incident until 7 August 1992, when
you received nonjudicial punishment (NJP) for an unauthorized
absence. Shortly thereafter, on 23 October 1992, you received NUP
for driving under the influence of alcohol and assault. In
addition, on 28 October 1992, you received another NJP for
failure to obey a lawful order, making a false official statement
and disrespect. You were recommended for separation with an
other than honorable (OTH) discharge due to misconduct
(commission of a serious offense (COSO)). You waived your rights
to counsel and an administrative discharge board (ADB). The
separation authority approved the recommendation, and on 11
December 1992, you were separated with an OTH discharge due to
misconduct (COSO) and an RE-4 (not recommended for retention)
reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, prior honorable service, and claim that you should
receive a DD Form 214 (Certificate of Release or Discharge from
Active Duty) for your first enlistment. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
to your discharge due to your COSO: Furthermore, the Board found
you waived your right to an ADB, your best opportunity for
retention, or a better characterization of service. Finally, the
Board noted that pursuant to regulations and policy, a service
member does not receive a DD Form 214 when they immediately
reenlist without a break in 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,
BRIAN J. GEORGE
Head, Discharge Section
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