DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL ;
Docket No: 3764-09
23 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 3 February 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
18 April 2002 at age 20. On 10 April 2003, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for a period of 23 days. At that time you were
counseled and warned that further misconduct could result in
administrative discharge action. On 10 November 2003, you
received NUP for a 12 day period of UA from your unit, missing
ship’s movement and wrongful use of a controlled substance,
Marijuana. On 25 October 2003, administrative discharge action
was initiated to separate you by reason of misconduct. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On 4
January 2004, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
.(OTH} conditions. On 6 January 2004, the discharge authority
directed an OTH discharge by reason of misconduct. On 16 January
2004 you were so discharged. At that time, you were assigned an
RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and desire
to change your reenlistment code. It also considered the
supporting documentation provided with your application.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing your reenlistment code given the
seriousness or your misconduct. The Board found you waived your
right to an ADB, your best opportunity for retention or a better
characterization of service. Finally, an RE-4 reenlistment code
must be assigned to all Sailors discharged due to 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,
\QyonS ‘
W. DEAN PF
Executive Divetthbr
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