DEPARTMENT OF THE NAVY
’ BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
oe Docket No: 09392-09
* 7 July 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 1 July 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 entered active duty in the Navy on 16 July 2002, and served
without disciplinary incident until 23 November 2003, when you
received nonjudicial punishment (NUP) for two specifications of
failure to obey a lawful order. Shortly thereafter, you received
another NUP for using a government computer for downloading
sexually explicit material, and communicating indecent language
in writing to a petty officer on a government computer.
Therefore, you were recommended for separation with a general
discharge due to your misconduct. You waived your rights to
consult with counsel, and request an administrative discharge
board (ADB). The separation authority approved the
recommendation and on 23 March 2004, you were separated with a
general discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct. The Board found that you waived our
procedural right to an ADB, your best opportunity for retention
or a better characterization of service. 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,
\ Wout,
W. DEAN PFEYF
Executive Dibe r
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