Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 12297-09
Original file (12297-09.pdf) Auto-classification: Denied
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

Similar Decisions

  • NAVY | BCNR | CY2009 | 06479-09

    Original file (06479-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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. 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 | CY2010 | 01202-10

    Original file (01202-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 November 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. 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 | CY2007 | 03404-07

    Original file (03404-07.rtf) Auto-classification: Approved

    Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.3. That Petitioner’s naval record be corrected to show that on 27 March 2007 Petitioner was issued an RE-i reenlistment code vice the RE-4 reenlistment code actually assigned on that date.b. That a copy of this report of proceedings be filed in Petitioner’s naval record.c.

  • NAVY | BCNR | CY2009 | 10723-09

    Original file (10723-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010. 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 entry level separation by. 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...

  • NAVY | BCNR | CY2007 | 08044-07

    Original file (08044-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 October 2008. 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 existence of probable...

  • NAVY | BCNR | CY2009 | 11096-09

    Original file (11096-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2010. You were notified that you were going to be administratively separated due to misconduct with an other than honorable (OTH) discharge. 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 | 02293-09

    Original file (02293-09.pdf) Auto-classification: Denied

    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. that your substandard performance was sufficient to support both narrative reason and assignment of an RE-4 reenlistment code. Consequently, when applying for a correction of an official naval record, the burden ig on the applicant to demonstrate the existence of probable material error or...

  • NAVY | DRB | 2003_Navy | ND03-00011

    Original file (ND03-00011.rtf) Auto-classification: Denied

    In 1998, I was discharged from the Navy based on my performance and conduct. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.980226: Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct. The Applicant's service record did not contain any unusual circumstances during his 2 months and 24 days in the military to warrant a change of discharge to "honorable."

  • NAVY | BCNR | CY2009 | 00014-09

    Original file (00014-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2009. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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...

  • USMC | DRB | 2012_Marine | MD1200948

    Original file (MD1200948.rtf) Auto-classification: Denied

    Additionally, while inservice, he received punishment at two separate NJPs for making false official statements, larceny, misbehavior of a sentinel, and wrongful use of controlled substances. Additionally, support is available by phone at: 1-877-222-VETS (8387).Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and the punitive discharge process, the Board found Therefore, the awarded characterization of service shall...