DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3676-10
9 February 2011
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 8 February 2011. The names and votes of the
members of the panel will be furnished upon request. 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 28 May 1999 at age 23 and served
without disciplinary incident until 22 November 1999, when you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty and failure to obey a lawful order.
Shortly thereafter, on 21 January 2000, you received NUP for
failure to obey a lawful order.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under honorable conditions by reason of misconduct, and
on 3 March 2000, the discharge authority approved this
recommendation and directed your commanding officer to issue you
a general discharge by reason of misconduct. On 10 March 2000
you were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to change your record,
presumably, your reenlistment code, narrative reason for
separation, and characterization of service, so that you may
reenlist in the armed forces. It also considered your character
reference letters provided in support of your request.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief because of your repetitive
misconduct which resulted in two NJPs in a short term of service.
Further, you were given an opportunity to defend yourself, but
waived your procedural rights. Finally, Sailors discharged by
reason of misconduct normally receive discharges “under other
than honorable” conditions, and an RE-4 reenlistment code is
required when a Sailor is discharged by reason of misconduct.
Accordingly, your application has been denied.
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 ifijuatice.
Sincerely,
\y )
W. DEAN PFRENF
Executive xr Oo
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