DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05247-10
16 March 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 16 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
22 April 2002. In February 2004, you were convicted by civil
authorities of operating a vehicle under the influence of
alcohol. On 23 March 2004, you received nonjudicial punishment
(NJP) for being absent from your appointed place of duty, failure
to go to your appointed place of duty, and failure to obey an
order by driving on base with a suspended license. On 23 March
2004, you were notified that administrative discharge procedures
were initiated and that you would receive a general discharge
with a separation code of JKQ for misconduct and a reenlistment
code of RE-4 upon your separation. The discharge authority
directed a general discharge. You were so discharged on 15 April
2004.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
separation or reenlistment code, given your record of civil
conviction, and NUP for misconduct. The Board also noted that
you were fortunate to receive a general discharge since a
separation under other than honorable conditions is often
directed when an individual is found to have committed
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,
\Quanfte
W. DEAN PFESFRER
Executive redtor
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