DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05221-10
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 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 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
17 July 1996, at age 17. On 9 July 1997, you received counseling
concerning your lack of responsibility. On 14 July 1997, you
received counseling concerning being late for work. On
9 September 1997, you received nonjudicial punishment (NOP) for
two incidents of assaulting fellow Sailors. On 3 September 1998,
you received NUP for being in an unauthorized absence (UA) status
for 16 days, and missing the movement of your ship. On 28 July
1999, you were convicted by a summary court-martial (SCM) of
wrongful possession and use of a controlled substance. You were
sentenced to a forfeiture of $639, reduction in pay grade, and
confinement for 30 days. You were advised that your commanding
officer was recommending you for administrative separation with
an other than honorable (OTH) discharge due to misconduct. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be separated with an OTH
discharge by reason of misconduct. The discharge authority
directed an OTH discharge by reason of misconduct. On
7 September 1999, 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, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing your
characterization of your discharge, given your record of two
NJP’s and conviction by a SCM of misconduct. In this regard, an
RE-4 reentry code is required when an individual is discharged
for misconduct and is not recommended for retention. The Board
also noted that you waived the 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,
Executive D
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