DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51006
TAL .
Docket No: 3401-09
19 March 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 March 2010. 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 and began a period of active duty on
22 August 2000 at age 19. On 10 December 2003, you received
nonjudicial punishment (NJP) for assault and communicating a
threat. On 7 December 2006, you were to be taken to NUP for
failure to obey a regulation by fraternizing in a school
environment. You refused NUP and requested a court-martial.
Your command did not pursue the court~martial but opted instead
for an administrative discharge. On 12 January 2007,
administrative discharge action was initiated by reason of
misconduct due to commission of a serious offense. You did elect
to consult counsel and submit a written statement. On 19 January
2007, the commanding officer forwarded his recommendation for
separation, and on 2 February 2007 the discharge authority
directed that you be separated for misconduct with a general
discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board also believed that you were fortunate to receive a general
discharge since a characterization under other than honorable
conditions is often directed when a Sailor is separated for
misconduct. Accordingly, your application has been denied.
names and votes of the members of the panel will be furnished
upon request.
The
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,
earl
Executive ctor
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