DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 04853-10
3 March 2011
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 552 «
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 March 2011. 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.
Bfter 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
24 January 2001. The Board found that you were convicted by
civil authorities of driving under the influence (DUI) of
alcohol, and received two nonjudicial punishments (NJP’s) for two
periods of unauthorized absence (UA) and making a false official
statement. Additionally, you _were counseled and warned that
further misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
On 14 March 2006, your commanding officer forwarded his
recommendation for separation stating, in part, that despite the
counseling and warnings, you continued to commit misconduct, that
you were incapable or simply unwilling to adhere to the rules and
regulations of the command and Navy, and unwilling to conduct
yourself in a manner conducive to good order and discipline. The
separation authority concurred and you received a general
discharge due to misconduct. At that time, you were assigned a
RE-4 reentry 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 found that these factors
were not sufficient to warrant a change in your reentry code
given your civil conviction for DUI, two NUP's, and fact that you
were warned of the consequences of further misconduct. An RE-4
reentry code is routinely assigned under such circumstances.
Finally, the Board also noted that you were fortunate to receive
ca general discharge since a discharge under other than honorable
conditions is often directed when an individual is discharged for
‘misconduct. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board did not consider whether to upgrade your discharge or
change the reason for separation because you have not exhausted
your administrative remedy of applying to the Naval Discharge
Review Board (NDRB). You may apply to NDRB by submitting the
attached DD Form 293.
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,
\o\\ oe |
W. DEAN B
Executive D oO
Enclosure
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