DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 9379-07
6 November 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 5 November 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 31 July 2000 at age 19 and served
without disciplinary incident until you were convicted by civil
authorities of driving under the influence of alcohol. You were
Sentenced to a $250 fine, confinement for 90 days, anda
suspended license for 12 months. On 1 January and again on 8 May
2001 you received nonjudicial punishment (NJP) for absence from
your appointed place of duty, underage drinking, and uttering
worthless checks in the amount of $1,025.58.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. After consulting with legal counsel you waived your
right to present your case to an administrative discharge board
(ADB). Your commanding officer recommended discharge under
honorable conditions by reason of misconduct due to a pattern of
misconduct. The discharge authority approved this recommendation
and directed a general discharge by reason of misconduct, and on
25 May 2001 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to reenlist in the Navy. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change of your reenlistment code because of your repetitive
misconduct in both the military and civilian communities.
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,
Wars
W. DEAN PFE
Executive D
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