DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 762-10
5 October 2010
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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 5 October 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 30 January 2003. You received nonjudicial
punishment on two occasions for driving under the influence of
alcohol and drunk and disorderly conduct. You were also
involved in another drunk and disorderly offense for which no
Gisciplinary action was taken. You were notified that your
commanding officer was recommending you for administrative
separation due to a pattern of misconduct. On 4 August 2005,
you received a general discharge due to a pattern of
misconduct, and were assigned an RE-4 (not recommended for
retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, desire
to reenlist in the armed forces, and post service Bachelor’s
Degree. However, the Board concluded that your reenlistment
code should not be changed because of your misconduct. The
Board concluded that you were fortunate to receive a general
characterization of service, because individuals who are
separated for misconduct such as yours normally receive an
other than honorable discharge. 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.
jou are advised that since your discharge is less than 15 years
‘d, you may apply to the Naval Discharge Review Board (NDRB)
for a possible upgrade: I have included NDRB’s application for
your convenience.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
fave 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,
Enclosure
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