DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05029-10
24 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 190 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 22 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.
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
if Uetiee:.
You enlisted in the Navy and began a period of active duty on
22 June 2000. The Board found that you received two
nonjudicial punishments (NJP's) for two periods of unauthorized
absence and dereliction of duty. Based on the information
currently contained in your record it appears that administrative
discharge action was initiated by reason of misconduct due to a
pattern of misconduct. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
concurred and directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. On
17 October 2001, you were so discharged. At that time you were
assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your reentry code given your record of two NUP’s.
In this regard, an RE-4 reentry code must be assigned to all
Sailors discharged due to misconduct. The Board also noted that
you were fortunate to receive a general discharge since a
$ischarge 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.
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,
Ww. poy PFE
Executive Di
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