DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
REC
Docket No: 04028-12
27 February 2013
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 21 February 2013. 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 25 June 1982, at age 18. On 17
March 1983, you received nonjudicial punishment (NJP) for being
absent from your appointed place of duty and being in an
unauthorized absence (UA) status for almost an hour. On 2 June
1983, you received NUP for two incidents of UA. On 8 September
1983, you received NUP for being UA and larceny. On 1 December
1983, you received NJP for being UA for one day. On 9 December
1983, you were advised that your commanding officer was
recommending you for administrative separation. You elected to
have your case heard by an administrative discharge board (ADB).
On 23 February 1984, your case was heard by the ADB and by a
unanimous vote of 3-0 you were recommended for administrative
separation with an other than honorable (OTH) characterization
of service due to misconduct. On 10 April 1984, your commanding
officer agreed with the ADB and forwarded his recommendation
that you be discharged with an OTH characterization of service
by reason of misconduct. On 9 May 1984, the discharge authority
directed an OTH discharge by reason of misconduct (pattern of
misconduct). On 10 May 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.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing the characterization of your
discharge, given your record of four NJP’s for misconduct. In
this regard, an RE-4 reenlistment code is required when an
individual is discharged for misconduct and is not recommended
for retention. 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,
Wp Dene 0:
W. DEAN PF
_ Executive Director
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