DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4900-09
16 April 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 7 April 210. 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
6 September 2007 at age 19. On 14 November 2007, you received
nonjudicial punishment (NIP) for failure to obey a regulation.
On 19 March 2008, you received NJP for four instances of failure
to obey a regulation, underage drinking and leaving the base in
phase 1 liberty status. On 8 March 2008, you signed a page 13
declining any and all medical screening for alcohol and/or drug
dependency by a medical officer. Due to your unwillingness to
comply with Navy regulations you were recommended for
administrative separation. On 31 March 2008, administrative
discharge action was initiated to separate you by reason of
misconduct. You waived your rights to consult counsel or submit
a statement. Based on the information currently contained in
your record it appears that your commanding officer forwarded his
recommendation that you be separated with a general discharge by
reason of misconduct. The record shows that on 16 April 2008,
you were discharged with a general discharge. 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
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing your
reenlistment code given the seriousness of your misconduct.
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,
Was
W. DEAN PFE
Executive D Oo
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