DEPARTMENT OF THE.NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02402-09
18 December 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 16 December 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. In this regard, the Board substantially concurred >
with the comments contained in the advisory opinion.
You enlisted in the Navy on 30 January 2005, at age 19. On
3 March 2005, you received nonjudicial punishment (NJP) for
making a false official statement, operating a vehicle while
intoxicated and disorderly conduct. On 23 June 2005, you
received NUP for insubordinate conduct. On 30 June 2005,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You requested an
administrative discharge board (ADB), which voted three to zero
in your favor to remain in the Navy. However, your commanding
officer forwarded his recommendation that you be discharged under
other than honorable conditions by reason of misconduct. He
stated that you continued insolence, defiance to rules and
regulations, and failed to exhibit basic courtesies to those
around you with reasonable deference to those in positions of
authority over you, showed unyielding character and very poor
compatibility with the naval service. On 26 October 2005, the
discharge authority directed. a general discharge by reason of
misconduct. You were so discharged on 22 November 2005.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
Factors were not sufficient to warrant any change in your RE-4
reenlistment code or character of service, given your record of
two NOP‘s for misconduct. The Board also noted that you were
fortunate to receive a general discharge since a discharge under
other than honorable conditions is often directed when an
individual is found to have committed 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,
Lotus
W. DEAN PFE
Executive D r
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