DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00256-12
15 October 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 3 October 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 13 April 1982, at age 19. On 26
August 1982, you received nonjudicial punishment (NJP) for
failure to go to your appointed place of duty, disorderly
conduct, and two incidents of being disrespectful toward a petty
officer. On 9 November 1982, you received NUP for two incidents
of failure to obey a lawful order, failure to go to your
appointed place of duty, and being disrespectful in language.
On 3 April 1984, you received NUP for assault, and being
intoxicated in uniform. On 12 July 1984, you received NUP for
being in an unauthorized absence (UA) status for 36 days. On 30
November 1984, you received NUP for two incidents of UA totaling
10 days, and four incidents of failure to go to your appointed
place of duty. On 7 December 1984, you received NJP for
wrongful use of cocaine. On 7 December 1984, 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 16 December 1984, your commanding officer
forwarded his recommendation that you be discharged with an OTH
characterization of service by reason of misconduct. On 22
December 1984, the discharge authority directed an OTH discharge
by reason of misconduct (frequent involvement of a discreditable
nature with civil or military authorities). On 24 December
1984, 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 the
characterization of your discharge, given your record of six
NJP's for misconduct. In this regard, an RE-4 reenlistment code
is required when an individual is discharged for misconduct and
4s 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,
© ye, Fama —
fey DEAN PFEIFFER
Executive Director
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