DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01230-10
10 November 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 9 November 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
25 April 1999. On 11 April 2000, you were convicted by a summary
court-martial (SCM) of three incidents of being in an
unauthorized absence (UA) status totaling 39 days. You were
sentenced to forfeitures of $664, reduction in pay grade, and 30
days confinement. On 8 May 2000, you were notified that
administrative discharge procedures were initiated and that you
would receive a reentry code of RE-4 upon your separation. The
discharge authority directed a general discharge. You were so
discharged on 10 October 2001.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of one conviction by SCM for misconduct. The
Board also noted that you were fortunate to receive a general
discharge since a separation under other than honorable
conditions is often directed when an individual is found to have
committed misconduct. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
You are advised that since your discharge is less than 15 years
old, you may petition the Naval Discharge Review Board (NDRB) for
an upgrade. I have enclosed NDRB’s application form (DD Form
293) for your convenience.
Tt 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,
Enclosure
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