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NAVY | BCNR | CY2009 | 10931-09
Original file (10931-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 10931-09
15 July 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 13 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 29 May 1984. You received nonjudicial
punishment and a summary court-martial for failure to obey a
lawful order (three specifications), and failure to go to your
appointed place of duty. You were notified of pending
administrative separation action with a general discharge under
an authorized early separation program. On 29 February 1988,
you received a general discharge under an authorized early
separation program, and were assigned an RE-4 reenlistment
code.

Characterization of service is based, in part, on trait marks
assigned on a periodic basis. Your overall trait mark average
was 2.94. An overall trait mark average of 3.0 was required
for a fully honorable discharge.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, post
service accomplishments, character reference letters, and
desire to change your discharge and reenlistment code.

However, the Board concluded that your discharge and
reenlistment code should not be changed because of your acts of
misconduct and insufficiently high trait mark average. The
Board believed that you were fortunate to have received a

general discharge, since when a Sailor has committed
misconduct, he would normally be separated with an other than
honorable characterization of service. In view of the above,
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,

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