DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
TUR
Docket No: 2258-09
17 February 2010
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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 February 2010. The names and votes of the
members of the panel will be furnished upon request. 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 27 January 1997 at age 19. You
served without disciplinary incident until 30 May 2000, when you
received nonjudicial punishment (NTP) for failure to obey a
lawful order. The punishment imposed was restriction and extra
duty for 30 days, reduction to paygrade E-3, and a $500
forfeiture of pay. A portion of the punishment was suspended for
six months. However, this punishment was vacated because about
four months later, on 22 September 2000, you received NIP for
unspecified offenses. You received your third NUP on 4 Octobeyx
2000 for wrongful use of an illegal controlled substance.
Your record contains an adverse performance evaluation dated 24
January 2001 which states, in part, that your performance was
below average, you were awarded NUP, and failed to Maintain
eligibility for access to classified material. Your record also
contains an administrative remarks entry dated 26 January 2001
which states that you were awarded a discharge under honorable
conditions due to being awarded NUPs.
On 26 January 2001, upon completion of your required active
service, you were released from active duty under honorable
conditions and transferred to the Navy Reserve. At that time you
were not recommended for retention or reenlistment and were
assigned an RE-4 reenlistment code. On 4 November 2004, at the
expiration of your enlistment, you were issued a general
discharge.
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 change your
reenlistment code so that you may enlist in the Coast Guard.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your reenlistment code because
of your repetitive misconduct which resulted in three NUPs and
included the use of a controlled substance. Finally, a discharge
ig not automatically upgraded due solely to the passage of time
or an individual's good post service conduct. Accordingly, your
application has been denied.
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,
\aasdseh.0é
W. DEAN PFE
Executive Di
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