DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

					TJR
										Docket No: 7574-07 
										18 June 2008

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 17 June 2008. 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 23 July 1986 at age 18. You served without disciplinary incident until 19 April 1988, when you received nonjudicial punishment (NJP) for a 16 day period of unauthorized absence (UA) , failure to obey a lawful order, and willfully missing the movement of your ship. The punishment imposed was restriction and extra duty for 45 days, a $50 forfeiture of pay, and reduction to paygrade E—2.

On 25 April 1988 you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 28 April 1988 your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense. On 4 May 1988 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 16 May 1988 you were so discharged and assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and desire to serve your country. The Board further considered your assertion of family problems resulting in your misconduct. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of your reenlistment code because of the seriousness of your willful misconduct. Finally, Sailors discharged under other than honorable conditions by reason of misconduct must receive an RE-4 reenlistment code. 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,

W.	DEAN PFEIFFER
Executive Director