DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 03179-13
1 May 2014
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 30 April 2014. 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 reenlisted in the Navy on 25 June 1977, after serving
honorably for four years. In your 4 April 1982 through 25
October 1982 evaluation you were not recommended for advancement
or retention due to being returned to the ship as a courtesy
after being found drunk and asleep in a bar and a second alcohol
related incident which took place in Diego Garcia concerning
sexual harassment while intoxicated. On 23 July 1982, you
received nonjudicial punishment (NJP}) for breach of the peace.
On 23 September 1982, you received a letter of substandard
service. On 6 October 1982, you received NJP for being in an
unauthorized absence (UA) status for three days. On your final
evaluation you were not recommended for advancement or
retention. On 27 June 1983, you were honorably discharged from
active duty while serving in pay grade E-5. You were assigned
an RE-4 (not recommended for retention) reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case.
Nevertheless, the Board concluded those factors insufficient to
warrant a change in the reenlistment code based on your
misconduct and non-recommendation for retention in pay grade
E-5. In this regard, an RE-4 reenlistment code is required when
an individual is discharged at the expiration of his term of
enlistment and is not recommended for retention. Accordingly,
yauyr 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,
Dah Df ——
ROBERT D. ZSALMAN
Acting Executive Director
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