DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5883-10
2 March 2011
nee to your application for correction of your
cord pursuant to the provisions of title 10 of the
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 March 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings OE
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.
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 11 September 2006. You
received nonjudicial punishment on three occasions for
unauthorized absence (two specifications totaling two days),
insubordinate conduct, willful disobedience (two
specifications), and dereliction of duty (two specifications) .
You were notified that your commanding officer was processing
you for administrative separation with a general discharge due
to misconduct (commission of a serious offense). You waived
your right to an administrative discharge board (ADB). On 22
August 2008, you received a general discharge 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 overall
record, remorse, and desire to change your reentry code.
However, the Board concluded that your reentry code should not
be changed due your misconduct and non-recommendation for
retention. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization.of service. In view of the above, your
application has been denied. The names and votes of the
members of the panel will he furnished upon request.
Since your discharge is less than 15 years old, you may apply
to the Naval Discharge Review Board (NDRB) for a possible
upgrade. I have enclosed a copy of NDRB's application 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 1s important to keep in mind
that a presumption of regularity attaches to all orfieial
records. Consequently, when applying for a correction of an
official naval record, the burden 4s on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
Fxecutive Direc
Enclosure
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