DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
BAN
Docket No: 08991-08
31 July 2009
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 22 July 2009. 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 21 July 2003, and served without
disciplinary incident until 3 November 2006, when you received
nonjudicial punishment (NUP) for driving while intoxicated and an
unauthorized absence (UA).
Shortly thereafter, on 12 April 2007, you received another NJP
for UA, failure to obey a lawful order, and a general orders
violation. Therefore, on 20 July 2007, you were separated at the
end of your obligated service with an honorable discharge and 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. Nevertheless, the Board concluded these factors were
not sufficient to warrant changing your reenlistment code because
of the seriousness of your misconduct. Furthermore, the Board
believed that considerablé leniency was extended to you to allow
you to be separated at the end of your obligated service with an
honorable discharge instead of a lesser discharge due toa
pattern of misconduct. 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,
Lua!
W. DEAN PFRI
Executive Djirettor
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