DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 12297-09
2 September 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 September 2010. The names and votes of the
members of the panel will be furnished upon request. 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
LT] USE. ,
You enlisted in the Navy on 16 April 2007 at age 19. While in
recruit training, you received nonjudicial punishment (NJP) on
three occasions for underage drinking of alcoholic beverages,
dereliction in the performance of your duties, and absence from
your appointed place of duty. During the period from 23 April to
10 May 2007, you were repeatedly counselled and warned regarding
deficiencies in your performance and conduct, specifically,
wrongful possession of letters with comments in violation of the
Navy's zero tolerance policies, thinking you knew everything
based on your Recruit Officer Training Corps (ROTC) experience,
having serious problems following instructions and doing things
your way, writing letters after TAPS, wrongful possession of
medications, talking after being told to stop, and talking back
to your section leader. As a result of your substandard
performance, you were recommended for an administrative
separation.
On 11 July 2007 you were notified of pending administrative
separation by reason of misconduct due to commission of a serious
offense. At that time you did not object to the separation and
waived your right to submit a rebuttal statement to the
aforementioned notification. Subsequently, the separation
authority directed an uncharacterized entry level separation by
reason of misconduct. On 24 July 2007 you were so separated and
assigned 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 and desire to change your reenlistment code.
‘Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your reenlistment code because
of your substandard performance, in such a short period of time,
was sufficient to support both the uncharacterized entry level
separation and assignment of an RE-4 reenlistment code. Finally,
such a code is normally assigned to Sailors who are separated due
to their failure to complete recruit training and processed for
separation by reason of misconduct. Accordingly, your
application has been denied.
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,
La Daad
W. DEAN PFE
Executive Dtrettor
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