DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 son
Docket No: 01403-10
25 February 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 23 February 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
11 April 2007 at age 21. On 7 May 2009, you received nonjudicial
punishment (NJP) for five days of unauthorized absence and making
a false official statement that you lost your military
identification card, to explain your absence. You received a
reduction in paygrade, forfeiture of pay, and restriction. On 10
May 2009, administrative discharge action was initiated by reason
of misconduct due to commission of a serious offense. You waived
your rights to consult counsel, submit a statement or have your —
case heard by an administrative discharge board {ADB). On
11 May 2009, your commanding officer forwarded his recommendation
that you be discharged under other than honorable conditions by
reason of misconduct. He stated, in part, that you had a complete
disregard for integrity and discipline that had no place in the
naval service. On 23 May 2009, the discharge authority directed
an other than honorable discharge by reason of misconduct due to
commission of a serious offense. On 16 June 2009 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 and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your NUP for a serious offense or reenlistment code.
In this regard, an RE-4 reenlistment code is required when an
individual is discharged due to misconduct. Finaily, the Board
noted that you waived the right to an ADB, your best chance 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.
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 alli 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,
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