DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00295-12
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 20 February 1991, at age 18. On 24
May 1993, you received nonjudicial punishment (NJP) for being in
an unauthorized absence (UA) status for 35 days, missing your
ship’s movement, and wrongful use of marijuana. On 27 May 1993,
you were advised that your commanding officer was recommending
you for administrative separation with an other than honorable
(OTH) discharge due to misconduct (commission of a serious
offense). You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 8
June 1993, the discharge authority directed the OTH discharge by
reason of misconduct (commission of a serious offense). On 17
June 1993, 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 record of service. Nevertheless, the Board found that these
factors were not sufficient to warrant changing your
characterization of service, given your record of one NJP for
misconduct and drug use. 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 noted that you
waived your 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,
Loonie
W. DEAN P
Executive
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