DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
TAL
Docket No: 10685-09
23 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 14 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 enlisted in the Navy and began a period of active duty on
1 July 2004 at age 19. You received nonjudicial punishment on
two occasions. Your offences included negligently discharging a
firearm. Based on the information currently contained in your
record it appears that you were subsequently processed for an
administrative separation by reason of a pattern of misconduct.
In connection with this processing, you would have acknowledged
the separation action and the discharge authority would have
approved a recommendation for separation. It appears that you
waived all of your procedural right, including your right to an
administrative discharge board (ADB). Your separation evaluation
report for the period of 16 June 2007 through 4 April 2008 stated
that you repeatedly failed to meet minimum standards and
committed offenses warranting nine formal counselings. The
record clearly shows that on 4 April 2008, you were discharged
with a general characterization. At that time you were assigned
an RE-4 reenlistment code, which means that you were neither
recommended nor eligible for reenlistment.
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 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,
lem de
W. DEAN PF
Executive Oo
NAVY | BCNR | CY2009 | 10141-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 2010. 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. On 12 February 2007, you were notified of pending administrative discharge processing under honorable conditions due to misconduct.
NAVY | BCNR | CY2010 | 13231-10
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. Finally, Sailors separated by reason of misconduct normally receive discharges under other than honorable conditions, and as such the Board noted that you were fortunate to receive a general discharge. Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2009 | 09004-09
A three-member panel of the Board for Correction of Naval Records, ‘sitting in executive session, considered your application on 7 July 2010. 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. Further, in accordance with Navy regulations, Sailors discharged by reason of misconduct must receive an RE-4 reenlistment code.
NAVY | BCNR | CY2010 | 00726-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2010. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 00166-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2011. The Board also noted that you are entitled to submit the attached Application for the Review of Discharge or Dismissal from the Armed Forces of the United States (DD Form 293} to the Naval Council of Personnel Review Boards, Attention: Naval Discharge Review Board (NDRB)}, 720 Kennon Street, SE, Room 309, Washington Navy Yard, Washington, DC...
NAVY | BCNR | CY2007 | 04147-07
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. You reenlisted in the Navy on 14 March 1986 after serving over three years of honorable service. In this regard, an RE-4 reenlistment code is required when a Sailor is discharged due to misconduct.
NAVY | BCNR | CY2009 | 13131-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 2010. After your first NUP, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. 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.
NAVY | BCNR | CY2009 | 11134-09
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. Consequently, when applying for a correction of an _ official naval record, the burden is on the applicant to demonstrate the...
NAVY | BCNR | CY2009 | 04424-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2010. 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. You requested an administrative discharge board (ADB).
NAVY | BCNR | CY2010 | 00546-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 September 2010. However, the SARP at Corpus Christi Hospital and your command Drug and Alcohol Program Assistant (DAPA) Ggtermined that you were an alcohol rehabilitation failure and it was recommended that you be separated for not complying with the Peonmended treatment. On 27 February 2008, your case was heard by an administrative discharge board (ADB), which...