DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 02954-16 
APR 18 2017 

Dear 
 
This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records considered your application on 24 
January 2017. The names and votes ofthe members ofthe panel will be furnished upon request. 
Your allegations oferror and injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the proceedings ofthis Board. Documentary material 
considered by the Board consisted ofyour application, together with all material submitted in 
support thereof, your naval record, and applicable statutes, regulations, and policies. 

You began a period ofactive duty in the Navy on 22 August 1988. You served without 
disciplinary incident for approximately nine months. On 24 May 1989, you received nonjudicial 
punishment (NJP) for insubordinate conduct. Your medical record indicates that on 22 August 
1989, you were given authorization to travel from your place ofduty in to the 
for a medical procedure. After your return, you received NJP on two more occasions, 11 
October 1989 and 9 February 1990, for failure to obey a lawful order and insubordinate conduct. 
On 12 February 1990, you were notified that you were being recommended for administrative 
Separation with a general characterization of service. Your Commanding Officer noted that you 
were taken to NJP on three occasions for disrespect and failing to obey orders, and were given all 
levels of counseling available at the command. You were discharged on 11 May 1990, with a 
general characterization of service on the basis ofa Pattern ofMisconduct, and received a 
reenlistment (RE) code ofRE-4. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The 
Board considered that you indicate your RE-4 code, your Separation Code ofHKA, and Block 
12, section.f"Foreign Service" and Block 13 "Decorations, Medals, Badges, Citations, and 
Campaign Ribbons Awarded or Authorized" are erroneous or unjust. Specifically, section 6 of 
your application indicates that you would like your RE-4 code changed. In reviewing your 
application, the Board considered that you were authorized leave from the military to go to 
Norfolk, Virginia for a medical surgical procedure by a private doctor. When making its 
determination, the Board noted you state you were given doctor's orders not to do physical 
training or to exert yourself upon your return, but were made to participate in physical training 
by your chain of command. You imply that your command's failure to allow you to comply with 
the private doctor's guidance resulted in NJPs, and an unjust issuance ofan REA code. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your assertion ofthe medical procedure's impact on your ability to 
comply with the expectations of your command, the information contained in your medical 
record, and your post-service conduct ofbecoming a patrolman for the Mexico Police 
Department. The Board found that these factors were not sufficient to warrant recharacterization 
ofyour discharge given that you committed misconduct in May 1989, prior to your medical 
procedure, and that your commanding officer indicated that you were given all levels of 
counseling available at the command. The Board concluded that your RE-4 code and your 
separation code are supported by your discharge for a Pattern ofMisconduct, in the grade ofE-2, 
and neither merit correction. 

You requested correction to your record with respect to the Block 13 of your Certificate of 
Discharge (DD 214) to reflect the decorations, medals, badges, citations, and campaign ribbons 
awarded or authorized to you, as well as inclusion ofyour foreign service dates in Block 12, 
section 7. Please be advised that your request does not fall under the purview ofthis Board as 
you have not exhausted your lower level administrative remedies. Ifyou would like your 
entitlement to the decorations, medals, badges, citations, campaigns, and foreign service verified 
and considered for inclusion in your DD 214, please submit a written request to National 
Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobabk material error or injustice. 

Sincerely, 


Executive Director