DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10241-09
6 July 2010
Dear when... j
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 30 June 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
June 2003 at age 18. You received nonjudicial punishment (NJP)
on two occasions for a two day period of unauthorized absence
(UA) from your unit and making a faise official statement.
After your second NUP, you were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. On 5 February 2005, you were
scheduled to be seen at NUP for UA, making a faise official
statement and adultery, but you refused NIP. On 12 February
2007, you were notified of pending administrative discharge
processing under honorable conditions due to misconduct. You
waived all of your procedurais rights, including your right to an
administrative discharge board {ADB). On 16 February 2007, you
received a general discharge due to misconduct. 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
a _ overall record_of. service. Nevertheless, the Board found that _.
these factors were not sufficient to warrant recharacterization
of your discharge and reenlistment code given the seriousness of
your misconduct. The Board also believed that you were fortunate
to receive a general discharge since a separation under other
than honorable conditions is often directed when a Sailor is
separated for misconduct. The Board noted that you waived the
right to an ADB, your best chance 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,
W. DEAN P
Executive Di Lor
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