DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00470-10
22 September 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 22 September 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
4 April 2001, at age 17. On 15 January 2003, you received
nonjudicial punishment (NUP) for assault, failure to obey a
lawful order, and being disrespectful toward a superior
commissioned officer. On 18 September 2003, you received NUP for
the wrongful use of marijuana. On 18 September 2003,
administrative separation action was initiated by reason of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
directed an other than honorable discharge by reason of
misconduct. On 9 October 2003, you were so discharged. 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, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of two
NJP’s for misconduct. In this regard, an RE-4 reenlistment code
is required when an individual is discharged prior to the
expiration of his term of active obligated service for misconduct
and is not recommended for retention. The Board noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board found that since your discharge is less than 15 years
old, 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 20375-5023, for consideration of an upgrade of
your discharge and a change in your narrative reason for
separation.
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,
dees,
Ww.
Executive D °
NAVY | BCNR | CY2009 | 13341-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 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. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, or...
NAVY | BCNR | CY2010 | 01243-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2009 | 02585-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 March 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. The discharge authority directed an other than honorable discharge by reason of Misconduct.
NAVY | BCNR | CY2009 | 03764-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 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 6 January 2004, the discharge authority directed an OTH discharge by reason of misconduct.
NAVY | BCNR | CY2009 | 03002-09
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. In this regard, an RE-4 reenlistment code is required when an individual is discharged prior to the expiration of his term of active obligated service for misconduct and is not recommended for | retention. Consequently, when applying for a correction of an official naval record, the burden...
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 | CY2009 | 13247-09
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 31 August 2005, you were so discharged. 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 | 06436-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 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 | 01195-10
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. The discharge authority directed an other than honorable discharge by reason of misconduct.
NAVY | BCNR | CY2010 | 10351-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 March 2011. 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. The Board noted that you did not appeal your NUP.