DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00286-12
27 September 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 26 September 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 26 August 1983, at age 20. On 27
October 1984, you received nonjudicial punishment (NJP) for
malingering. On 13 September 1985, you received NUP for making
a false official statement, and malingering. On 7 March 1986,
you received NUP for failure to obey a lawful order and being in
an unauthorized absence (UA) status. On 9 May 1986, you
received NUP for being UA for one day. On 11 October 1986, you
received NJP for being UA for 30 days, and missing your ship’s
movement. On 5 November 1986, you were convicted by a summary
court-martial (SCM) of being UA for 30 days, and missing your
ship's movement. You were sentenced to reduction in pay grade,
and confinement at hard labor for 30 days. On 2 December 1986,
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 1986, your commanding
officer forwarded his recommendation that you be discharged with
an OTH characterization of service by reason of misconduct.
However, your misconduct continued and on 11 February 1987, you
received NUP for being UA for two days. The discharge authority
directed an OTH discharge by reason of misconduct (pattern of
misconduct). On 26 June 1987, 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, and a conviction by one SCM of misconduct. In this
regard, an RE-4 reenlistment 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,
ley Naan
W. DEAN PRET
Executive Director
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