DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05046-10
24 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 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
injustice.
You enlisted in the Navy and began a period of active duty on
7 June 2005. The Board found that you received two nonjudicial
punishments (NJP's) for assault with a dangerous weapon and
insubordinate conduct. Additionally, you were counseled and
warned after your first NUP, that further misconduct could result
in administrative discharge action. Subsequently, administrative
separation action was initiated to separate you by reason of
misconduct due to a pattern of misconduct. Your commanding
officer forwarded your case recommending that you be discharged
under honorable conditions by reason of misconduct. The
separation authority concurred and you received a general
ischarge on 16 June 2008. 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 and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant changing your reentry code because
of your two NJP’s for serious offenses. An RE-4 reentry code
must be assigned to all Sailors discharged due to misconduct.
Finally, the Board also noted that you were fortunate to receive
a 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.
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,
W. soe PFHIF
Executive or
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