DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02327-10
10 March 2010
This. is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Cdde, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 March 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 on 7 August 2007, at age 20. On
15 April 2008, you received nonjudicial punishment (NJP) for
adultery, fighting, resisting arrest, and escaping custody. On
24 October 2008, you were notified that administrative discharge
procedures were initiated and that you would receive a
reenlistment code of RE-4 upon your discharge. 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 with a general discharge by reason of your misconduct
for commission of a serious offense. On 6 November 2008, the
discharge authority directed a general discharge by reason of
misconduct due to commission of a serious offense and alcohol
rehabilitation failure. You were so discharged on 26 November
2008,
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, or
reenlistment code given your record of NJP for a serious offense.
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, especially in the capacity that you held as
a master at arms. The Board noted that you waived your 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.
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,
Doar
W. DEAN
Executive
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