DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5457-10
2 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 1 February 2011. your allegations of error and
injustice were reviewed in accordance with administrative
regul@ions and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board
consisted of your application, together with all material
submitsted in support thereof, your naval record and applicable
statutes, regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 9 September 2008. While
at the Naval Submarine School as a student, you received
nonjudicial punishment (NOP) for larceny and wrongful use of
another Sailor's credit card in the amount of $761.81. You did
not appeal the NUP. You were notified that you were being
recommended for administrative separation due to misconduct
(commission of a serious offense). On 10 November 2009, you
received a general discharge (under honorable conditions) due
to misconduct (commission of a serious offense), and were
assigned an RE-4 (not recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
allegation that the larceny was a mistake, and character
references. However, the Board concluded that neither your
reentry code nor your separation code should be changed due
your NUP for larceny. The Board noted that you waived your
right to appeal the NUP. The Board also noted that you were
fortunate to receive a general discharge, since most Sailors
wh re administratively separated for misconduct receive a
de ccavtsarion a other than honorable conditions. In
View of the aboye, yOur application has been denied. The names
and votes of tHe members of the panel will be furnished upon
request.
Since your discharge is less than 15 years old, you may apply
to the Naval Discharge Review (NDRB) for a possible upgrade. I
have enclosed a copy of NDRB’s application form for your
convenience.
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. DEAN PFEI
Executive Dinect yr
Enclosure
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