DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5299-10
4 February 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 February 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
11 September 2008 at age 18. You received nonjudicial punishment
(NJP) on two occasions for failure to go to your appointed place
of duty and destruction of government property by shooting
windows and blinds with a BB gun. After your first NUP, you were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. Based on the
information currently contained in your record it appears that
you were subsequently involuntarily processed for separation by
reason of misconduct due to a pattern of misconduct. Your
commanding officer forwarded his recommendation that you be
discharged under honorable conditions by reason of misconduct.
The separation authority directed a general discharge by reason
of misconduct due to a pattern of misconduct. On 6 April 2010
you were so discharged, and assigned an RE-4 (not recommended for
retention) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in the
reentry code given the seriousness of your misconduct that
resulted in two NUJPs. The Board noted that you were fortunate to
receive a general discharge, since Sailors who are separated for
misconduct such as yours normally receive an other than honorable
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,
\Wroue
W. DEAN PFE
Executive Divec
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